|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|15-1039||Fed. Cir.||Apr 26, 2017||Jun 12, 2017||9-0||Thomas||OT 2016|
Holding: Section 262(l)(2)(A) of the Biologics Price Competition and Innovation Act of 2009 is not enforceable by injunction under federal law, but the U.S. Court of Appeals for the Federal Circuit on remand should determine whether a state-law injunction is available; an applicant may provide notice of commercial marketing under Section 262(l)(8)(A) prior to obtaining licensure.
Judgment: Vacated in part, reversed in part, and remanded, 9-0, in an opinion by Justice Thomas on June 12, 2017. Justice Breyer filed a concurring opinion.
|Date||Proceedings and Orders |
|Dec 23 2015||Application (15A672) to extend the time to file a petition for a writ of certiorari from January 14, 2016 to February 16, 2016, submitted to The Chief Justice.|
|Dec 29 2015||Application (15A672) granted by The Chief Justice extending the time to file until February 16, 2016.|
|Feb 16 2016||Petition for a writ of certiorari filed. (Response due March 21, 2016)|
|Mar 21 2016||Brief amicus curiae of Biosimilars Council filed.|
|Mar 21 2016||Motion for leave to file amici brief filed by Apotex, Inc., et al.|
|Mar 21 2016||Brief amici curiae of Hospira, Inc, et al. filed.|
|Mar 21 2016||Brief of respondents Amgen Inc., et al. in opposition filed.|
|Mar 21 2016||Brief amicus curiae of Mylan, Inc. filed.|
|May 31 2016||DISTRIBUTED for Conference of June 16, 2016.|
|May 31 2016||Reply of petitioner Sandoz Inc. filed. (Distributed)|
|Jun 20 2016||The Solicitor General is invited to file a brief in this case expressing the views of the United States.|
|Dec 7 2016||Brief amicus curiae of United States filed. VIDED.|
|Dec 20 2016||Supplemental brief of respondents Amgen Inc., et al. filed. VIDED.|
|Dec 21 2016||DISTRIBUTED for Conference of January 6, 2017.|
|Jan 9 2017||DISTRIBUTED for Conference of January 13, 2017.|
|Jan 13 2017||Petition GRANTED. The petition for a writ of certiorari in No. 15-1195 is granted. The cases are consolidated and a total of one hour is allotted for oral argument.|
|Jan 13 2017||Motion for leave to file amici brief filed by Apotex, Inc., et al. GRANTED.|
|Jan 25 2017||The following briefing schedule is adopted: Petitioner in No. 15-1039 will file an opening brief limited to the question presented in its petition, not to exceed 15,000 words, on or before Friday, February 10, 2017. Petitioners in No. 15-1195 will file a consolidated opening brief on the question presented in their petition and response brief, not to exceed 19,000 words, on or before Friday, March 10, 2017. Petitioner in No. 15-1039 will file a consolidated response brief and reply brief, not to exceed 10,000 words, on or before Friday, March 31, 2017. Petitioners in No. 15-1195 will file a reply brief, not to exceed 6,000 words, on or before Friday, April 14, 2017. Any brief of an amicus curiae in support of petitioner in No. 15-1039 or in support of neither party is to be filed on or before Friday, February 17, 2017, and the brief should bear a light green cover. Any brief of an amicus curiae in support of petitioners in No. 15-1195 is to be filed on or before Friday, March 17, 2017, and the brief should bear a dark green cover. An amicus curiae may file only a single brief in these cases. VIDED.|
|Jan 30 2017||Joint motion of the parties to dispense with printing the joint appendix filed. VIDED.|
|Feb 10 2017||Brief of petitioner Sandoz Inc. filed.|
|Feb 17 2017||SET FOR ARGUMENT ON Wednesday, April 26, 2017. VIDED.|
|Feb 17 2017||Brief amicus curiae of Adello Biologics, LLC filed.|
|Feb 17 2017||Brief amici curiae of Pharmaceutical Care Management Association, et al. filed.|
|Feb 17 2017||Brief amici curiae of Apotex Inc. and Apotex Corp. filed. VIDED.|
|Feb 17 2017||Brief amicus curiae of Biosimilars Council filed. VIDED.|
|Feb 17 2017||Brief amicus curiae of America's Health Insurance Plans filed. VIDED.|
|Feb 17 2017||Brief amicus curiae of United States filed. VIDED.|
|Feb 17 2017||Brief amici curiae of AARP Foundation, et al. filed.|
|Feb 17 2017||Brief amicus curiae of Coherus Biosciences, Inc. filed. VIDED.|
|Feb 17 2017||Brief amicus curiae of Mylan, Inc. filed. VIDED.|
|Feb 21 2017||Motion to dispense with printing the joint appendix filed by petitioners GRANTED. VIDED|
|Feb 24 2017||Record requested from the U.S.C.A. for the Federal Circuit. VIDED.|
|Mar 10 2017||Opening and Response Brief for Amgen Inc., et al. filed. VIDED.|
|Mar 17 2017||Brief amicus curiae of AbbeVie Inc. filed. VIDED.|
|Mar 17 2017||Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. VIDED.|
|Mar 17 2017||Brief amicus curiae of Janssen Biotech, Inc. filed. VIDED.|
|Mar 17 2017||Brief amicus curiae of Biotechnology Innovation Organization filed. VIDED.|
|Mar 17 2017||Brief amicus curiae of Genentech, Inc. filed. VIDED.|
|Mar 22 2017||CIRCULATED.|
|Mar 27 2017||Record received from the U.S.C.A. for the Federal Circuit. The record is available on PACER, except for confidential materials transmitted separately. VIDED.|
|Mar 31 2017||Consolidated Response and Reply Brief for Sandoz Inc. Filed. (Distributed) VIDED.|
|Apr 13 2017||Motion of the Acting Solicitor General for leave to participate in oral argument as amici curiae and for divided argument GRANTED. VIDED. Justice Gorsuch too no part in the consideration or decision of this motion.|
|Apr 26 2017||Argued. For petitioner in No. 15-1039: Deanne E. Maynard, Washington, D. C.; and Anthony A. Yang, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For petitioners in 15-1195: Seth P. Waxman, Washington, D. C. VIDED.|
|Jun 12 2017||Adjudged to be VACATED IN PART, REVERSED IN PART, and case REMANDED. Thomas, J., delivered the opinion for a unanimous Court. Breyer, J., filed a concurring opinion. VIDED.|
|Jul 14 2017||JUDGMENT ISSUED.|
FWOTSC. You figure that one out.*
h/t to @marinklevy for the story and the always-entertaining threads.
#SCOTUS announces that it will hold a formal, although "purely ceremonial," investiture ceremony for Justice Amy Coney Barrett next Friday. Attendance at the ceremony is by invitation only, & press coverage will be pooled. Full announcement is here: https://www.supremecourt.gov/publicinfo/press/pressreleases/pr_09-24-21
Need a refresher on "cert before judgment" practice at SCOTUS? We've got you covered.
@steve_vladeck examined the practice (among other types of extraordinary relief) in 2018: https://www.scotusblog.com/2018/12/power-versus-discretion-extraordinary-relief-and-the-supreme-court/
And Kevin Russell wrote a detailed explainer in 2011:
Abortion providers in Texas return to Supreme Court, now asking the justices for immediate review on the merits of their challenge to the state’s six-week abortion ban (cert. before judgment)
The Supreme Court will have a new oral argument procedure when they return to the bench Oct. 4. There will be an opportunity for individual questioning by each justice in order of seniority.
Interesting new procedure for oral arguments when the justices return to in-person arguments next month. Does it increase the chances that we will continue to hear from Justice Thomas, who was an active participant using the taking-turns format? https://twitter.com/GregStohr/status/1440318536723812363
NEW: The Supreme Court just released its December argument calendar. Dobbs v. Jackson Women's Health Organization, the term's big abortion case, will be argued Dec. 1.
#SCOTUS will hear oral argument in Mississippi abortion case challenging Roe v. Wade on Dec. 1. Full December argument calendar is here: https://www.supremecourt.gov/oral_arguments/argument_calendars/MonthlyArgumentCalDecember2021.pdf
We noted yesterday that Justice Thomas was speaking at Notre Dame but that there was no livestream. A video of his speech is now posted: https://www.youtube.com/watch?v=-kb4bFYdujA
Thomas criticized the media and defended the court's independence. Seems to be a theme among the justices lately.
💥 Breyer continues book tour (including @colbertlateshow two nights ago).
💥 Barrett gave a speech Sunday @uofl.
💥 Thomas is slated to give the 2021 Tocqueville Lecture today @NotreDame (but, like Barrett's speech, there is apparently no livestream).