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On Monday, the court will release orders from the March 27 conference at 9:30 a.m. There is a possibility of opinions at 10:00 a.m. We will be live-blogging starting at 9:25 a.m. at this link, where you can sign up for an email reminder when the live blog begins.

Hospira Inc. v. Eli Lilly and Company

Pending petition

Linked with:

Docket No. Op. Below Argument Opinion Vote Author Term
19-1058 Fed. Cir. TBD TBD TBD TBD TBD

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.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Jan 24 2020Application (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 2020Application (19A841) granted by The Chief Justice extending the time to file until February 24, 2020.
Feb 24 2020Petition for a writ of certiorari filed. (Response due March 27, 2020)
Mar 10 2020Motion to extend the time to file a response from March 27, 2020 to April 27, 2020, submitted to The Clerk.
Mar 11 2020Motion to extend the time to file a response is granted and the time is extended to and including April 27, 2020.
Mar 26 2020Amicus brief of America's Health Insurance Plans submitted.
Mar 26 2020Amicus brief of R Street Institute submitted.
 
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