Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
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11-1078 | Fed. Cir. | N/A | N/A | N/A | N/A | OT 2012 |
Issue: Whether the Federal Circuit’s interpretation of 35 U.S.C. § 271(e)(1)’s safe harbor from patent infringement liability for drugs – an interpretation which arbitrarily restricts the safe harbor to pre-marketing approval of generic counterparts – is faithful to statutory text that contains no such limitation and decisions of this Court rejecting similar efforts to impose extra-textual limitations on the statute.
Date | Proceedings and Orders |
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Feb 28 2012 | Petition for a writ of certiorari filed. (Response due April 2, 2012) |
Mar 29 2012 | Brief amicus curiae of Pharmaceutical Research and Manufacturers of America filed. |
Apr 17 2012 | DISTRIBUTED for Conference of May 10, 2012. |
Apr 23 2012 | Response Requested . (Due May 23, 2012) |
May 23 2012 | Brief of respondent Classen Immunotherapies, Inc. in opposition filed. |
Jun 4 2012 | Reply of petitioner GlaxoSmithKline filed. |
Jun 5 2012 | DISTRIBUTED for Conference of June 21, 2012. |
Jun 25 2012 | The Solicitor General is invited to file a brief in this case expressing the views of the United States. |
Dec 13 2012 | Brief amicus curiae of United States filed. |
Dec 26 2012 | DISTRIBUTED for Conference of January 11, 2013. |
Dec 26 2012 | Supplemental brief of petitioner GlaxoSmithKline filed. (Distributed) |
Jan 14 2013 | Petition DENIED. Justice Alito took no part in the consideration or decision of this petition. |