Editor's Note :

Editor's Note :

There is a possibility of opinions on Tuesday, March 28 and Wednesday, March 29. We will begin live-blogging at this link at 9:45 a.m.
On Tuesday the court hears oral argument in Lee v. United States. Amy Howe has our preview.

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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