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Hospira Inc. v. Eli Lilly and Company

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Petition for certiorari denied on June 15, 2020

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Docket No. Op. Below Argument Opinion Vote Author Term
19-1058 Fed. Cir. N/A N/A N/A N/A OT 2019

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 2020Brief amicus curiae of R Street Institute filed. VIDED
Mar 26 2020Brief amicus curiae of America's Health Insurance Plans filed.
Apr 27 2020Brief of respondents Eli Lilly and Company in opposition filed. VIDED.
May 01 2020Motion 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 2020Motion to delay distribution of the petition for a writ certiorari until May 26, 2020, granted.
May 26 2020DISTRIBUTED for Conference of 6/11/2020.
May 26 2020Reply of petitioner Hospira, Inc. filed. (Distributed)
Jun 15 2020Petition DENIED.