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Hospira Inc. v. Eli Lilly and Company

Petition for certiorari denied on June 15, 2020

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Docket No. Op. Below Argument Opinion Vote Author Term
19-1058 Fed. Cir. N/A N/A N/A N/A OT 2019

Issue: Whether a patentee may recapture subject matter via the doctrine of equivalents under the "tangential relation" exception by arguing that it surrendered more than it needed to during prosecution to avoid a prior-art rejection, even if a claim could reasonably have been drafted that would literally have encompassed the alleged equivalent.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
01/24/2020Application (19A841) to extend the time to file a petition for a writ of certiorari from February 6, 2020 to February 24, 2020, submitted to The Chief Justice.
01/28/2020Application (19A841) granted by The Chief Justice extending the time to file until February 24, 2020.
02/24/2020Petition for a writ of certiorari filed. (Response due March 27, 2020)
03/10/2020Motion to extend the time to file a response from March 27, 2020 to April 27, 2020, submitted to The Clerk.
03/11/2020Motion to extend the time to file a response is granted and the time is extended to and including April 27, 2020.
03/26/2020Brief amicus curiae of R Street Institute filed. VIDED
03/26/2020Brief amicus curiae of America's Health Insurance Plans filed.
04/27/2020Brief of respondents Eli Lilly and Company in opposition filed. VIDED.
05/01/2020Motion of petitioner to delay distribution of the petition for a writ of certiorari under Rule 15.5 from May 12, 2020 to May 26, 2020, submitted to The Clerk.
05/01/2020Motion to delay distribution of the petition for a writ certiorari until May 26, 2020, granted.
05/26/2020DISTRIBUTED for Conference of 6/11/2020.
05/26/2020Reply of petitioner Hospira, Inc. filed. (Distributed)
06/15/2020Petition DENIED.