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Idenix Pharmaceuticals LLC v. Gilead Sciences Inc.

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
20-380 Fed. Cir. TBD TBD TBD TBD TBD

Issues: (1) Whether, as the U.S. Court of Appeals for the Federal Circuit has held, a genus claim is not enabled “as a matter of law” if it encompasses a large number of compounds — or whether, as the Supreme Court has recognized, enablement is a context-specific jury question; and (2) whether, as the Federal Circuit has held, 35 U.S.C. § 112(a) contains a separate “possession” requirement — or whether, as the statute provides, Section 112(a) sets forth a single substantive requirement of “a written description of the invention” sufficient “to enable any person skilled in the art … to make and use the same.”

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Sep 21 2020Petition for a writ of certiorari filed. (Response due October 26, 2020)
Oct 09 2020Waiver of right of respondent Gilead Sciences, Inc. to respond filed.
Oct 14 2020DISTRIBUTED for Conference of 10/30/2020.
Oct 16 2020Response Requested. (Due November 16, 2020)
Oct 30 2020Motion to extend the time to file a response from November 16, 2020 to December 16, 2020, submitted to The Clerk.
Nov 02 2020Motion to extend the time to file a response is granted and the time is extended to and including December 16, 2020.
Nov 16 2020Brief amicus curiae of GLAXOSMITHKLINE PLC. filed.
Nov 16 2020Brief amicus curiae of Intellectual Property Professors filed.
Nov 16 2020Brief amicus curiae of Amgen Inc. filed.
 
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