|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.
|Date||Proceedings and Orders |
|Feb 28 2012||Petition for a writ of certiorari filed. (Response due April 2, 2012)|
|Mar 29 2012||Brief amicus curiae of Pharmaceutical Research and Manufacturers of America filed.|
|Apr 17 2012||DISTRIBUTED for Conference of May 10, 2012.|
|Apr 23 2012||Response Requested . (Due May 23, 2012)|
|May 23 2012||Brief of respondent Classen Immunotherapies, Inc. in opposition filed.|
|Jun 4 2012||Reply of petitioner GlaxoSmithKline filed.|
|Jun 5 2012||DISTRIBUTED for Conference of June 21, 2012.|
|Jun 25 2012||The Solicitor General is invited to file a brief in this case expressing the views of the United States.|
|Dec 13 2012||Brief amicus curiae of United States filed.|
|Dec 26 2012||DISTRIBUTED for Conference of January 11, 2013.|
|Dec 26 2012||Supplemental brief of petitioner GlaxoSmithKline filed. (Distributed)|
|Jan 14 2013||Petition DENIED. Justice Alito took no part in the consideration or decision of this petition.|
The clerk of the court just notified counsel in a juvenile sentencing case—that was sent back to a lower court this week in light of the court's decision in Jones v. Mississippi—that Justice Kagan unwittingly failed to recuse herself after participating in part of the case as SG.
It’s a quiet week, so now is a great time to listen to Judge John Owens regale @AHoweBlogger with the tale of Ashton Embry and the greatest leak in Supreme Court history.
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