Hospira Inc. v. Eli Lilly and Company
Petition for certiorari denied on June 15, 2020Linked with:
Issue: Whether a patentee may recapture subject matter
via the doctrine of equivalents under the “tangential
relation” exception by arguing that it surrendered
more than it needed to during prosecution to avoid a
prior-art rejection, even if a claim could reasonably
have been drafted that would literally have
encompassed the alleged equivalent.
| Date | Proceedings and Orders (key to color coding) |
|---|
| Jan 24 2020 | Application (19A841) to extend the time to file a petition for a writ of certiorari from February 6, 2020 to February 24, 2020, submitted to The Chief Justice. |
| Jan 28 2020 | Application (19A841) granted by The Chief Justice extending the time to file until February 24, 2020. |
| Feb 24 2020 | Petition for a writ of certiorari filed. (Response due March 27, 2020) |
| Mar 10 2020 | Motion to extend the time to file a response from March 27, 2020 to April 27, 2020, submitted to The Clerk. |
| Mar 11 2020 | Motion to extend the time to file a response is granted and the time is extended to and including April 27, 2020. |
| Mar 26 2020 | Brief amicus curiae of R Street Institute filed. VIDED |
| Mar 26 2020 | Brief amicus curiae of America's Health Insurance Plans filed. |
| Apr 27 2020 | Brief of respondents Eli Lilly and Company in opposition filed. VIDED. |
| May 01 2020 | Motion of petitioner to delay distribution of the petition for a writ of certiorari under Rule 15.5 from May 12, 2020 to May 26, 2020, submitted to The Clerk. |
| May 01 2020 | Motion to delay distribution of the petition for a writ certiorari until May 26, 2020, granted. |
| May 26 2020 | DISTRIBUTED for Conference of 6/11/2020. |
| May 26 2020 | Reply of petitioner Hospira, Inc. filed. (Distributed) |
| Jun 15 2020 | Petition DENIED. |
