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Mylan Laboratories Ltd. v. Janssen Pharmaceutica

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
21-202 Fed. Cir. TBD TBD TBD TBD TBD

Issues: (1) Whether 35 U.S.C. § 314(d) categorically precludes appeal of all decisions not to institute inter partes review; and (2) whether the NHK-Fintiv Rule is substantively and procedurally unlawful.

DateProceedings and Orders (key to color coding)
Aug 09 2021Petition for a writ of certiorari filed. (Response due September 13, 2021)
Aug 18 2021Motion to extend the time to file a response from September 13, 2021 to October 12, 2021, submitted to The Clerk.
Aug 19 2021Motion to extend the time to file a response is granted and the time is extended to and including October 12, 2021, for all respondents.
Aug 25 2021Brief amicus curiae of Jeremy C. Doerre in support of neither party filed.
Sep 13 2021Brief amicus curiae of Association for Accessible Medicines filed.
Sep 13 2021Brief amicus curiae of Intel Corporation filed.
Sep 30 2021Motion to extend the time to file a response from October 12, 2021 to November 2, 2021, submitted to The Clerk.
Oct 01 2021Motion to extend the time to file a response is granted and the time is further extended to and including November 2, 2021, for all respondents.
Nov 02 2021Brief of respondent Andrew Hirshfeld in opposition filed.
Nov 02 2021Brief of respondent Janssen Pharmaceutica NV in opposition filed.
Nov 16 2021DISTRIBUTED for Conference of 12/3/2021.
Nov 16 2021Reply of petitioner Mylan Laboratories Ltd. filed. (Distributed)
Nov 23 2021Rescheduled.
Dec 29 2021DISTRIBUTED for Conference of 1/14/2022.