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GlaxoSmithKline v. Classen Immunotherapies, Inc.

Petition for certiorari denied on January 14, 2013

Docket No. Op. Below Argument Opinion Vote Author Term
11-1078 Fed. Cir. N/A N/A N/A N/A OT 2012

Issue: Whether the Federal Circuit"s interpretation of 35 U.S.C. § 271(e)(1)"s safe harbor from patent infringement liability for drugs " an interpretation which arbitrarily restricts the safe harbor to pre-marketing approval of generic counterparts " is faithful to statutory text that contains no such limitation and decisions of this Court rejecting similar efforts to impose extra-textual limitations on the statute.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
02/28/2012Petition for a writ of certiorari filed. (Response due April 2, 2012)
03/29/2012Brief amicus curiae of Pharmaceutical Research and Manufacturers of America filed.
04/17/2012DISTRIBUTED for Conference of May 10, 2012.
04/23/2012Response Requested . (Due May 23, 2012)
05/23/2012Brief of respondent Classen Immunotherapies, Inc. in opposition filed.
06/04/2012Reply of petitioner GlaxoSmithKline filed.
06/05/2012DISTRIBUTED for Conference of June 21, 2012.
06/25/2012The Solicitor General is invited to file a brief in this case expressing the views of the United States.
12/13/2012Brief amicus curiae of United States filed.
12/26/2012DISTRIBUTED for Conference of January 11, 2013.
12/26/2012Supplemental brief of petitioner GlaxoSmithKline filed. (Distributed)
01/14/2013Petition DENIED. Justice Alito took no part in the consideration or decision of this petition.

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