Novartis Pharmaceuticals Corp. v. HEC Pharm Co., Ltd.
Petition for certiorari denied on April 17, 2023
Issues: (1) Whether 28 U.S.C. § 46 and principles of sound judicial administration preclude a court of appeals from adding a new judge to form a new panel and redecide a case after an original three-judge panel has already decided the case and entered its judgment; and (2) whether 35 U.S.C. § 112 should be interpreted consistent with its plain text as requiring that a patent specification contain a “written description of the invention” in a form that need only be understandable to “any person skilled in the art,” or whether the court of appeals properly read in a heightened requirement that allows it to deem the specification inadequate on de novo review and displaces the perspective of a person skilled in the art.
Date | Proceedings and Orders (key to color coding) |
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Dec 06 2022 | Application (22A507) to extend the time to file a petition for a writ of certiorari from December 19, 2022 to January 18, 2023, submitted to The Chief Justice. |
Dec 08 2022 | Application (22A507) granted by The Chief Justice extending the time to file until January 18, 2023. |
Jan 18 2023 | Petition for a writ of certiorari filed. (Response due February 21, 2023) |
Jan 30 2023 | Motion to extend the time to file a response from February 21, 2023 to March 3, 2023, submitted to The Clerk. |
Feb 01 2023 | Motion to extend the time to file a response is granted and the time is extended to and including March 3, 2023. |
Feb 21 2023 | Brief amici curiae of Intellectual Property Professors filed. |
Feb 21 2023 | Brief amici curiae of Retired United States Circuit Judges filed. |
Feb 21 2023 | Brief amici curiae of Law Professors and Civil Procedure Scholars filed. |
Mar 03 2023 | Brief of respondent HEC Pharm Co., Ltd., HEC Pharm USA Inc. in opposition filed. |
Mar 21 2023 | Reply of petitioner Novartis Pharmaceuticals Corporation filed. (Distributed) |
Mar 22 2023 | DISTRIBUTED for Conference of 4/14/2023. |
Apr 17 2023 | Petition DENIED. |