Merck & Cie v. Watson Laboratories, Inc.
Petition for certiorari denied on January 9, 2017
Issue: Whether the “on sale” bar found in Section 102(b) of the Patent Act applies only to sales or offers of sale made available to the public, as Congress, this court, and the United States have all made clear, or whether it also applies to non-public sales or offers of sale, as the U.S. Court of Appeals for the Federal Circuit has held.
| Date | Proceedings and Orders (key to color coding) |
|---|
| Jul 19 2016 | Application (16A74) for a stay pending the filing and disposition of a petition for a writ of certiorari, submitted to The Chief Justice. |
| Jul 21 2016 | Upon consideration of the application of counsel for the applicants, it is ordered that the mandate of the United States Court of Appeals for the Federal Circuit, case Nos. 2015-2063 and 2015-2064, is hereby stayed pending further order of the undersigned or of the Court. It is further ordered that a response to the application be filed on or before Tuesday, July 26, 2016, by 3 p.m. |
| Jul 26 2016 | Response to application from respondent Watson Laboratories, Inc. filed. |
| Jul 27 2016 | Reply of applicant Merck & Cie, et al. filed. |
| Jul 27 2016 | Application (16A74) denied by The Chief Justice. It is ordered that the stay issued by The Chief Justice on July 21, 2016, is vacated. The application for stay is, in all respects, denied. |
| Oct 12 2016 | Petition for a writ of certiorari filed. (Response due November 14, 2016) |
| Nov 9 2016 | Order extending time to file response to petition to and including November 29, 2016. |
| Nov 29 2016 | Brief of respondent Watson Laboratories, Inc. in opposition filed. |
| Dec 13 2016 | Reply of petitioners Merck & Cie, et al. filed. |
| Dec 14 2016 | DISTRIBUTED for Conference of January 6, 2017. |
| Jan 9 2017 | Petition DENIED. Justice Alito took no part in the consideration or decision of this petition. |
