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Biogen International GmbH v. Mylan Pharmaceuticals Inc.

Petition for certiorari denied on October 3, 2022
Docket No. Op. Below Argument Opinion Vote Author Term
21-1567 Fed. Cir. N/A N/A N/A N/A OT 2022

Issue: Whether 35 U.S.C. § 112’s requirement that a patent specification “contain a written description of the invention” is met when the specification describes the invention, or whether the specification must also disclose data that demonstrates the claimed invention is “effective” and emphasize the claimed invention by singling it out and describing it more than once.

DateProceedings and Orders (key to color coding)
Jun 14 2022Petition for a writ of certiorari filed. (Response due July 15, 2022)
Jun 30 2022Motion to extend the time to file a response from July 15, 2022 to August 15, 2022, submitted to The Clerk.
Jul 01 2022Motion to extend the time to file a response is granted and the time is extended to and including August 15, 2022.
Jul 11 2022Brief amicus curiae of Chemistry and the Law Division of the American Chemical Society filed.
Jul 14 2022Brief amicus curiae of New England Legal Foundation filed.
Jul 15 2022Brief amici curiae of Pharmaceutical Research and Manufacturers of America, et al.
Aug 15 2022Brief of respondent Mylan Pharmaceuticals Inc. in opposition filed.
Aug 30 2022Reply of petitioners Biogen International GmbH and Biogen MA Inc. filed. (Distributed)
Aug 31 2022DISTRIBUTED for Conference of 9/28/2022.
Oct 03 2022Petition DENIED.