Editor's Note :

Editor's Note :

In previous years, the Court released orders the morning after the Court’s “Long Conference.” It has not done so this year. Beginning last Term, the Court consistently considered petitions at least two times before granting certiorari. To the extent that practice continues -- and there is no affirmative evidence the Court intends to drop it -- we would not expect orders granting certiorari today.

Janssen Biotech, Inc. v. Abbott Laboratories

Petition for certiorari denied on February 21, 2012
Docket No. Op. Below Argument Opinion Vote Author Term
11-596 Fed. Cir. N/A N/A N/A N/A OT 2011

Issue: Whether Section 112 of the Patent Act, which requires the specification of a patent application to “contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same,” forecloses the Federal Circuit’s written-description mandate, which in implementation (i) has required a heightened, actual reduction-to-practice standard for biotechnology patents, (ii) has licensed de novo appellate review of what the Federal Circuit labels a fact question, and (iii) has led to substantial unpredictability and instability in patent protection.

Briefs and Documents

Certiorari-stage documents

 
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