Breaking News

Novartis Pharmaceuticals Corp. v. HEC Pharm Co., Ltd.

Petition for certiorari denied on April 17, 2023
Docket No. Op. Below Argument Opinion Vote Author Term
22-671 Fed. Cir. N/A N/A N/A N/A OT 2022

Issues: (1) Whether 28 U.S.C. § 46 and principles of sound judicial administration preclude a court of appeals from adding a new judge to form a new panel and redecide a case after an original three-judge panel has already decided the case and entered its judgment; and (2) whether 35 U.S.C. § 112 should be interpreted consistent with its plain text as requiring that a patent specification contain a “written description of the invention” in a form that need only be understandable to “any person skilled in the art,” or whether the court of appeals properly read in a heightened requirement that allows it to deem the specification inadequate on de novo review and displaces the perspective of a person skilled in the art.

DateProceedings and Orders (key to color coding)
Dec 06 2022Application (22A507) to extend the time to file a petition for a writ of certiorari from December 19, 2022 to January 18, 2023, submitted to The Chief Justice.
Dec 08 2022Application (22A507) granted by The Chief Justice extending the time to file until January 18, 2023.
Jan 18 2023Petition for a writ of certiorari filed. (Response due February 21, 2023)
Jan 30 2023Motion to extend the time to file a response from February 21, 2023 to March 3, 2023, submitted to The Clerk.
Feb 01 2023Motion to extend the time to file a response is granted and the time is extended to and including March 3, 2023.
Feb 21 2023Brief amici curiae of Intellectual Property Professors filed.
Feb 21 2023Brief amici curiae of Retired United States Circuit Judges filed.
Feb 21 2023Brief amici curiae of Law Professors and Civil Procedure Scholars filed.
Mar 03 2023Brief of respondent HEC Pharm Co., Ltd., HEC Pharm USA Inc. in opposition filed.
Mar 21 2023Reply of petitioner Novartis Pharmaceuticals Corporation filed. (Distributed)
Mar 22 2023DISTRIBUTED for Conference of 4/14/2023.
Apr 17 2023Petition DENIED.