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Dr. Reddy’s Laboratories, Ltd. 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
19-1061 Fed. Cir. N/A N/A N/A N/A OT 2019

Issue: Whether, under Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co."s "tangential" exception to prosecution-history estoppel, patent owners may recapture subject matter they could have claimed in prosecution but did not, by arguing that they surrendered more than they needed to during prosecution to address a rejection by the U.S. Patent and Trademark Office.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
01/22/2020Application (19A818) 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.
01/24/2020Application (19A818) 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.
03/27/2020Brief amicus curiae of Association for Accessible Medicines filed.
04/27/2020Brief of respondents Eli Lilly & Company in opposition filed. VIDED.
04/30/2020Motion of petitioners 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 petitioners Dr. Reddy's Laboratories, Ltd., et al. filed. (Distributed)
06/15/2020Petition DENIED.