|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|15-1195||Fed. Cir.||Apr 26, 2017||Jun 12, 2017||9-0||Thomas||OT 2016|
Holding: Section 262(l)(2)(A) of the Biologics Price Competition and Innovation Act of 2009 is not enforceable by injunction under federal law, but the U.S. Court of Appeals for the Federal Circuit on remand should determine whether a state-law injunction is available; an applicant may provide notice of commercial marketing under Section 262(l)(8)(A) prior to obtaining licensure.
Judgment: Vacated in part, reversed in part, and remanded, 9-0, in an opinion by Justice Thomas on June 12, 2017. Justice Breyer filed a concurring opinion.
|Date||Proceedings and Orders |
|Mar 21 2016||Petition for a writ of certiorari filed. (Response due April 22, 2016)|
|Apr 18 2016||Order extending time to file response to petition to and including May 17, 2016.|
|May 17 2016||Brief of respondent Sandoz Inc. in opposition filed.|
|May 27 2016||Reply of petitioners Amgen Inc., et al. filed.|
|May 31 2016||DISTRIBUTED for Conference of June 16, 2016.|
|Jun 20 2016||The Solicitor General is invited to file a brief in this case expressing the views of the United States.|
|Dec 7 2016||Brief amicus curiae of United States filed. VIDED.|
|Dec 20 2016||Supplemental brief of petitioners Amgen Inc., et al. filed. VIDED.|
|Dec 21 2016||DISTRIBUTED for Conference of January 6, 2017.|
|Jan 9 2017||DISTRIBUTED for Conference of January 13, 2017.|
|Jan 13 2017||Petition GRANTED. The petition for a writ of certiorari in No. 15-1039 is granted. The cases are consolidated and a total of one hour is allotted for oral argument.|
|Jan 25 2017||The following briefing schedule is adopted: Petitioner in No. 15-1039 will file an opening brief limited to the question presented in its petition, not to exceed 15,000 words, on or before Friday, February 10, 2017. Petitioners in No. 15-1195 will file a consolidated opening brief on the question presented in their petition and response brief, not to exceed 19,000 words, on or before Friday, March 10, 2017. Petitioner in No. 15-1039 will file a consolidated response brief and reply brief, not to exceed 10,000 words, on or before Friday, March 31, 2017. Petitioners in No. 15-1195 will file a reply brief, not to exceed 6,000 words, on or before Friday, April 14, 2017. Any brief of an amicus curiae in support of petitioner in No. 15-1039 or in support of neither party is to be filed on or before Friday, February 17, 2017, and the brief should bear a light green cover. Any brief of an amicus curiae in support of petitioners in No. 15-1195 is to be filed on or before Friday, March 17, 2017, and the brief should bear a dark green cover. An amicus curiae may file only a single brief in these cases. VIDED.|
|Jan 30 2017||Joint motion of the parties to dispense with printing the joint appendix filed. VIDED.|
|Feb 17 2017||SET FOR ARGUMENT ON Wednesday, April 26, 2017. VIDED.|
|Feb 17 2017||Brief amici curiae of Apotex Inc. and Apotex Corp. filed. VIDED.|
|Feb 17 2017||Brief amicus curiae of Coherus Biosciences, Inc. filed. VIDED.|
|Feb 17 2017||Brief amicus curiae of America's Insurance Health Plans filed. VIDED.|
|Feb 17 2017||Brief amicus curiae of United States filed. VIDED.|
|Feb 17 2017||Brief amicus curiae of Biosimilars Council filed. VIDED.|
|Feb 17 2017||Brief amicus curiae of Mylan Inc. filed. VIDED.|
|Feb 21 2017||Motion to dispense with printing the joint appendix filed by petitioners GRANTED. VIDED.|
|Feb 24 2017||Record requested from the U.S.C.A. for the Federal Circuit. VIDED.|
|Mar 10 2017||Opening and Response Brief for Amgen Inc., et al. filed. VIDED.|
|Mar 17 2017||Brief amicus curiae of AbbVie Inc. filed. VIDED.|
|Mar 17 2017||Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. VIDED.|
|Mar 17 2017||Brief amici curiae of Eleven Professors filed.|
|Mar 17 2017||Brief amicus curiae of Janssen Biotech, Inc. filed. VIDED.|
|Mar 17 2017||Brief amicus curiae of Biotechnology Innovation Organization. filed. VIDED.|
|Mar 17 2017||Brief amicus curiae of Genentech, Inc. filed. VIDED.|
|Mar 22 2017||CIRCULATED.|
|Mar 27 2017||Record received from the U.S.C.A. for the Federal Circuit. The record is available on PACER, except for confidential materials transmitted separately. VIDED.|
|Mar 31 2017||Consolidated Response and Reply Brief of Sandoz Inc. filed. VIDED. (Distributed)|
|Apr 13 2017||Motion of the Acting Solicitor General for leave to participate in oral argument as amici curiae and for divided argument GRANTED. VIDED. Justice Gorsuch too no part in the consideration or decision of this motion.|
|Apr 13 2017||Reply of petitioners Amgen Inc., et al. filed. (Distributed)|
|Apr 26 2017||Argued. For petitioner in No. 15-1039: Deanne E. Maynard, Washington, D. C.; and Anthony A. Yang, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For petitioners in 15-1195: Seth P. Waxman, Washington, D. C. VIDED.|
|Jun 12 2017||Adjudged to be VACATED IN PART, REVERSED IN PART, and case REMANDED. Thomas, J., delivered the opinion for a unanimous Court. Breyer, J., filed a concurring opinion. VIDED.|
|Jul 14 2017||JUDGMENT ISSUED.|
BREAKING: In 5-4 vote, the Supreme Court ALLOWS Alabama to execute Alan Miller, whose lethal injection was scheduled for tonight. In a brief shadow-docket order, SCOTUS lifts a lower court's injunction that had blocked the execution. Barrett joins the three liberals in dissent.
JUST IN: By a 5-4 vote, the Supreme Court DENIES Yeshiva University's emergency request to intervene now in a dispute over whether the university must recognize an LGBTQ student group. Roberts and Kavanaugh join with Sotomayor, Kagan, and Jackson. https://www.supremecourt.gov/opinions/21pdf/22a184_3ea4.pdf
Two justices worked for Kenneth Starr early in their careers. John Roberts was his deputy when Starr was solicitor general during the George H.W. Bush administration. Brett Kavanaugh clerked for Starr on the D.C. Circuit and was on Starr's team for the Clinton investigation.
Thanks @marinklevy for joining us on the latest episode of SCOTUStalk!
On today's SCOTUStalk episode @marinklevy joins to talk new-justice history, including the time Earl Warren rushed across the country to take his seat and showed up with the wrong type of robes.
Speaking in Colorado last night, John Roberts announced that members of the public will be allowed to attend oral arguments when the new term starts next month, according to press reports. It will be the first time the Supreme Court will reopen since the start of the pandemic.
Here is Sotomayor's brief order in the clash between Yeshiva University and a student Pride Alliance.
Justice Sonia Sotomayor has put on hold a NY state trial court's order that would require Yeshiva University to recognize an LGBTQ student group. In a brief order, Sotomayor stays the lower court's order "pending further order of the undersigned or of the Court."