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Teva Pharmaceuticals USA, Inc., v. GlaxoSmithKline, LLC

Petition for certiorari denied on May 15, 2023

Docket No. Argument Opinion Vote Author Term
22-37 N/A N/A N/A N/A OT 2022

Issue: Whether a generic drug manufacturer's FDA-approved label that carves out all of the language the brand manufacturer has identified as covering its patented uses can be held liable on a theory that its label still intentionally encourages infringement of those carved-out uses.

DateProceedings and Orders (key to color coding)
04/29/2022Application (21A677) to extend the time to file a petition for a writ of certiorari from May 12, 2022 to July 11, 2022, submitted to The Chief Justice.
05/03/2022Application (21A677) granted by The Chief Justice extending the time to file until July 11, 2022.
07/11/2022Petition for a writ of certiorari filed. (Response due August 12, 2022)
07/25/2022Motion to extend the time to file a response from August 12, 2022 to September 12, 2022, submitted to The Clerk.
07/26/2022Motion to extend the time to file a response is granted and the time is extended to and including September 12, 2022.
08/10/2022Brief amici curiae of 42 Professors of Law, Economics, Business, and Medicine filed.
08/12/2022Brief amicus curiae of Alvotech filed.
08/12/2022Brief amicus curiae of Mylan Pharmaceuticals Inc. filed.
08/12/2022Brief amicus curiae of Association for Accessible Medicines filed.
08/19/2022Brief of respondents GlaxoSmithKline LLC, et al. in opposition filed.
09/07/2022DISTRIBUTED for Conference of 9/28/2022.
09/07/2022Reply of petitioner Teva Pharmaceuticals USA, Inc. filed. (Distributed)
10/03/2022The Solicitor General is invited to file a brief in this case expressing the views of the United States.
03/29/2023Brief amicus curiae of United States filed.
04/11/2023Supplemental brief of respondents GlaxoSmithKline LLC, et al. filed. (Distributed)
04/12/2023DISTRIBUTED for Conference of 4/28/2023.
05/08/2023DISTRIBUTED for Conference of 5/11/2023.
05/15/2023Petition DENIED. Justice Kavanaugh would grant the petition for a writ of certiorari.