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Mylan Laboratories Ltd. v. Janssen Pharmaceutica

Petition for certiorari denied on January 18, 2022

Docket No. Op. Below Argument Opinion Vote Author Term
21-202 Fed. Cir. N/A N/A N/A N/A OT 2021

Issue: (1) Whether 35 U.S.C. § 314(d) categorically precludes appeal of all decisions not to institute inter partes review; and (2) whether the NHK-Fintiv Rule is substantively and procedurally unlawful.

DateProceedings and Orders (key to color coding)
08/09/2021Petition for a writ of certiorari filed. (Response due September 13, 2021)
08/18/2021Motion to extend the time to file a response from September 13, 2021 to October 12, 2021, submitted to The Clerk.
08/19/2021Motion to extend the time to file a response is granted and the time is extended to and including October 12, 2021, for all respondents.
08/25/2021Brief amicus curiae of Jeremy C. Doerre in support of neither party filed.
09/13/2021Brief amicus curiae of Association for Accessible Medicines filed.
09/13/2021Brief amicus curiae of Intel Corporation filed.
09/30/2021Motion to extend the time to file a response from October 12, 2021 to November 2, 2021, submitted to The Clerk.
10/01/2021Motion to extend the time to file a response is granted and the time is further extended to and including November 2, 2021, for all respondents.
11/02/2021Brief of Federal Respondent in opposition filed.
11/02/2021Brief of respondent Janssen Pharmaceutica NV in opposition filed.
11/16/2021DISTRIBUTED for Conference of 12/3/2021.
11/16/2021Reply of petitioner Mylan Laboratories Ltd. filed. (Distributed)
11/23/2021Rescheduled.
12/29/2021DISTRIBUTED for Conference of 1/14/2022.
01/18/2022Petition DENIED. Justice Alito took no part in the consideration or decision of this petition.