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 -- so we are again doubtful that certiorari will be granted in any cases today.

Mylan Inc. v. Daiichi Sankyo Co., Ltd.

Petition for certiorari denied on March 21, 2011
Docket No. Op. Below Argument Opinion Vote Author Term
10-770 Federal Cir. N/A N/A N/A N/A OT 2010

Issue: Whether, contrary to this Court's decision in KSR International Co. v. Teleflex Inc., the Federal Circuit has erred in applying a “lead compound test” as the exclusive standard for determining whether a patent claim directed to a new chemical compound is “obvious” and therefore invalid under 35 U.S.C. § 103(a).

Briefs and Documents

Certiorari-stage documents

 
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