Petitions to Watch | Conference of 4.24.09
on Apr 20, 2009 at 5:24 pm
This edition of â€œPetitions to Watchâ€ features cases up for consideration at the Justicesâ€™ private conference on April 24. As always, the list contains the petitions on the Courtâ€™s paid docket that Tom has deemed to have a reasonable chance of being granted. To access previous editions of Petitions to Watch, visit our archives on SCOTUSwiki.
Title: Merck & Co., Inc., et al., Petitioners v. Richard Reynolds, et al.
Issue: Whether under the “inquiry notice” standard applicable to federal securities fraud claims, the statute of limitations does not begin to run until an investor receives evidence of scienter.
Title: Aventis Pharma S.A., et al., Petitioners v. Amphastar Pharmaceuticals, Inc., et al.
Issue: Whether a court may refuse to enforce a patent on the basis of an inequitable conduct determination premised on a sliding scale between intent and materiality.
- Opinion below (Federal Circuit)
- Petition for certiorari
- Brief in opposition (for respondent Amphastar Pharmaceuticals)
- Brief in opposition (for respondent Teva Pharmaceuticals)
- Petitionerâ€™s reply
- Brief amicus curiae of Washington Legal Foundation (in support of petitioners)
- Brief amici curiae of Ole Nilssen and Geo Foundation Ltd. (in support of petitioners)