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Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA Inc.

Docket No. Op. Below Argument Opinion Vote Author Term
17-1229 Fed. Cir. Dec 4, 2018
Tr.Aud.
TBD TBD TBD OT 2018

Issue: Whether, under the Leahy-Smith America Invents Act, an inventor’s sale of an invention to a third party that is obligated to keep the invention confidential qualifies as prior art for purposes of determining the patentability of the invention.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Feb 28 2018Petition for a writ of certiorari filed. (Response due April 2, 2018)
Mar 12 2018Motion to extend the time to file a response from April 2, 2018 to May 17, 2018, submitted to The Clerk.
Mar 13 2018Motion to extend the time to file a response is granted in part and the time is extended to and including May 11, 2018.
Mar 13 2018Blanket Consent filed by Petitioner, Helsinn Healthcare S.A..
Mar 19 2018Blanket Consent filed by Respondents, Teva Pharmaceuticals USA, Inc., et al..
Mar 27 2018Brief amicus curiae of Congressman Lamar Smith filed.
Mar 30 2018Brief amicus curiae of American Intellectual Property Law Association filed.
Mar 30 2018Brief amicus curiae of Intellectual Property Owners Association filed.
Apr 02 2018Brief amicus curiae of Pharmaceutical Research and Manufacturers of America filed.
Apr 02 2018Brief amicus curiae of Bar Association of the District of Columbia filed.
Apr 02 2018Brief amicus curiae of The Naples Roundtable filed.
Apr 02 2018Brief amicus curiae of Boston Patent Law Association in support of neither party filed.
Apr 02 2018Brief amicus curiae of The Massachusetts Biotechnology Council filed.
Apr 02 2018Brief amicus curiae of The Biotechnology Innovation Organization (BIO) filed.
Apr 02 2018Brief amicus curiae of US Inventor, Inc. filed.
May 11 2018Brief of respondents Teva Pharmaceuticals USA, Inc., et al. in opposition filed.
May 29 2018DISTRIBUTED for Conference of 6/14/2018.
May 29 2018Reply of petitioner Helsinn Healthcare S.A. filed. (Distributed)
Jun 18 2018DISTRIBUTED for Conference of 6/21/2018.
Jun 25 2018Petition GRANTED.
Jul 02 2018Motion for an extension of time to file the briefs on the merits filed.
Jul 03 2018Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 23, 2018. The time to file respondents' brief on the merits is extended to and including October 9, 2018.
Aug 01 2018Blanket Consent filed by Petitioner, Helsinn Healthcare S.A..
Aug 23 2018Brief amicus curiae of Intellectual Property Owners Association in support of neither party filed.
Aug 23 2018Brief of petitioner Helsinn Healthcare S.A. filed.
Aug 23 2018Joint appendix filed.
Aug 23 2018Brief amicus curiae of Congressman Lamar Smith filed.
Aug 30 2018Brief amicus curiae of The Massachusetts Biotechnology Council filed.
Aug 30 2018Brief amicus curiae of United States of America filed.
Aug 30 2018Brief amicus curiae of Pharmaceutical Research and Manufacturers of America filed.
Aug 30 2018Brief amicus curiae of American Intellectual Property Law Association in support of neither party filed.
Aug 30 2018Brief amicus curiae of Bar Association of the District of Columbia filed.
Aug 30 2018Brief amicus curiae of Austin Intellectual Property Law Association in support of neither party filed.
Aug 30 2018Brief amicus curiae of Houston Intellectual Property Law Association in support of neither party filed.
Aug 30 2018Brief amicus curiae of The Naples Roundtable in support of neither party filed.
Aug 30 2018Brief amicus curiae of The Intellectual Property Law Association of Chicago in support of neither party filed.
Aug 30 2018Brief amicus curiae of The Biotechnology Innovation Organization (BIO) filed.
Aug 30 2018Brief amicus curiae of US Inventor, Inc. filed.
Sep 24 2018Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Oct 09 2018SET FOR ARGUMENT on Tuesday, December 4, 2018
Oct 09 2018Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. Justice Kavanaugh took no part in the consideration or decision of this motion.
Oct 09 2018Brief amici curiae of 45 Intellectual Property Professors filed.
Oct 09 2018Brief of respondents Teva Pharmaceuticals USA, Inc., et al. filed.
Oct 15 2018Record requested from the U.S.C.A. Federal Circuit.
Oct 15 2018Brief amici curiae of R Street Institute and Engine Advocacy filed.
Oct 16 2018Brief amicus curiae of Intel Corporation filed.
Oct 16 2018Brief amicus curiae of Congresswoman Zoe Lofgren filed.
Oct 16 2018Brief amicus curiae of IEEE-USA filed.
Oct 16 2018Brief amicus curiae of Association for Accessible Medicines filed.
Oct 16 2018Brief amici curiae of SPCM S.A. and High Tech Inventors Alliance filed.
Oct 19 2018CIRCULATED
Oct 24 2018Record received from the U.S.C.A. Federal Circuit is electronic and located on PACER, with the exception of some confidential documents (1 Envelope).
Nov 08 2018Reply of petitioner Helsinn Healthcare S.A. filed. (Distributed)
Dec 04 2018Argued. For petitioner: Kannon K. Shanmugam, Washington, D. C.; and Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: William M. Jay, Washington, D. C.
 
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