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Duke University v. Biomarin Pharmaceutical Inc.

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
19-1475 Fed. Cir. TBD TBD TBD TBD TBD

Issues: (1) Whether a court of appeals can invoke forfeiture to refuse to address an appointments-clause violation in a pending appeal despite an intervening change in law; and (2) whether the U.S. Patent and Trademark Office Director’s delegation of authority to institute inter partes reviews to administrative patent judges acting as principal officers outside the director’s review violates 35 U.S.C. § 314, which vests institution authority solely in the director; and (3) whether establishing a nexus between a patentee’s invention and objective evidence of nonobviousness under Graham v. John Deere Co. requires the patentee to negate every other conceivable reason for a product’s commercial success and industry praise.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Jul 02 2020Petition for a writ of certiorari filed. (Response due August 7, 2020)
Jul 21 2020Motion to extend the time to file a response from August 7, 2020 to October 6, 2020, submitted to The Clerk.
Jul 29 2020Motion to extend the time to file a response is granted and the time is extended to and including October 6, 2020.
Oct 06 2020Brief of respondent BioMarin Pharmaceutical, Inc. in opposition filed.
Oct 19 2020Reply of petitioner Duke University filed. (Distributed)
Oct 21 2020DISTRIBUTED for Conference of 11/6/2020.
 
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