Editor's Note :

Editor's Note :

We expect orders from the February 24 conference on Monday at 9:30 a.m. There is a possibility of opinions on Wednesday, March 1.

GlaxoSmithKline v. Classen Immunotherapies, Inc.

Petition for certiorari denied on January 14, 2013
Docket No. Op. Below Argument Opinion Vote Author Term
11-1078 Fed. Cir. N/A N/A N/A N/A OT 2012
 
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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.

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