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Baxter International, Inc. v. Fresenius USA, Inc.

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Petition for certiorari denied on May 19, 2014
Docket No. Op. Below Argument Opinion Vote Author Term
13-1071 Fed. Cir. N/A N/A N/A N/A OT 2013

Issue: (1) Whether an Article III court’s final judgment may be reversed based on the decision of an administrative agency; and (2) whether a final determination of liability that has been affirmed on appeal may be reversed based on the decision of an administrative agency merely because an appeal regarding the post-verdict remedy is pending.

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DateProceedings and Orders (key to color coding)
Jan 13 2014Application (13A733) to extend the time to file a petition for a writ of certiorari from February 3, 2014 to March 5, 2014, submitted to The Chief Justice.
Jan 14 2014Application (13A733) granted by The Chief Justice extending the time to file until March 5, 2014.
Mar 5 2014Petition for a writ of certiorari filed. (Response due April 7, 2014)
Mar 21 2014Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners.
Apr 7 2014Brief amicus curiae of Medtronic, Inc filed.
Apr 7 2014Brief of respondents Fresenius USA, Inc., et al. in opposition filed.
Apr 7 2014Brief amicus curiae of Biotechnology Industry Organization filed.
Apr 7 2014Brief amicus curiae of The Pharmaceutical Research and Manufacturers of America filed.
Apr 7 2014Brief amicus curiae of Intellectual Property Owners Association filed.
Apr 21 2014Reply of petitioners Baxter International, Inc., et al. filed.
Apr 22 2014DISTRIBUTED for Conference of May 15, 2014.
May 19 2014Petition DENIED.