Merck & Cie v. Watson Laboratories, Inc.
Petition for certiorari denied on January 9, 0017
Issue: Whether the "on sale" bar found in Section 102(b) of the Patent Act applies only to sales or offers of sale made available to the public, as Congress, this court, and the United States have all made clear, or whether it also applies to non-public sales or offers of sale, as the U.S. Court of Appeals for the Federal Circuit has held.
SCOTUSblog Coverage
- Petition of the day (Kate Howard, November 25, 2016)
| Date | Proceedings and Orders |
|---|---|
| 07/19/2016 | Application (16A74) for a stay pending the filing and disposition of a petition for a writ of certiorari, submitted to The Chief Justice. |
| 07/21/2016 | Upon consideration of the application of counsel for the applicants, it is ordered that the mandate of the United States Court of Appeals for the Federal Circuit, case Nos. 2015-2063 and 2015-2064, is hereby stayed pending further order of the undersigned or of the Court. It is further ordered that a response to the application be filed on or before Tuesday, July 26, 2016, by 3 p.m. |
| 07/26/2016 | Response to application from respondent Watson Laboratories, Inc. filed. |
| 07/27/2016 | Reply of applicant Merck & Cie, et al. filed. |
| 07/27/2016 | Application (16A74) denied by The Chief Justice. It is ordered that the stay issued by The Chief Justice on July 21, 2016, is vacated. The application for stay is, in all respects, denied. |
| 10/12/2016 | Petition for a writ of certiorari filed. (Response due November 14, 2016) |
| 11/09/2016 | Order extending time to file response to petition to and including November 29, 2016. |
| 11/29/2016 | Brief of respondent Watson Laboratories, Inc. in opposition filed. |
| 12/13/2016 | Reply of petitioners Merck & Cie, et al. filed. |
| 12/14/2016 | DISTRIBUTED for Conference of January 6, 2017. |
| 01/09/2017 | Petition DENIED. Justice Alito took no part in the consideration or decision of this petition. |