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MSN Pharmaceuticals, Inc. v. Novartis Pharmaceuticals Corp.

Petition for certiorari denied on December 15, 2025

Docket No. Op. BelowArgument Opinion Vote Author Term
25-225 Fed. Cir. N/A N/A N/A N/A OT 2025

Issue: Whether, in a patent-infringement suit, a court may consider after-arising technology to hold that the patent is invalid under 35 U.S.C. § 112(a) of the Patent Act.

DateProceedings and Orders (key to color coding)
06/06/2025Application (24A1215) to extend the time to file a petition for a writ of certiorari from June 23, 2025 to August 22, 2025, submitted to The Chief Justice.
06/11/2025Application (24A1215) granted by The Chief Justice extending the time to file until August 22, 2025.
08/22/2025Petition for a writ of certiorari filed. (Response due September 25, 2025)
09/02/2025Waiver of right of respondent Novartis Pharmaceuticals Corporation to respond filed.
09/03/2025DISTRIBUTED for Conference of 9/29/2025.
09/03/2025Brief amicus curiae of Association for Accessible Medicines filed. (Distributed)
09/04/2025Letter from counsel of MSN Pharmaceuticals, Inc., et al. received.
09/08/2025Response Requested. (Due October 8, 2025)
09/17/2025Motion to extend the time to file a response from October 8, 2025 to November 7, 2025, submitted to The Clerk.
09/18/2025Motion to extend the time to file a response is granted and the time is extended to and including November 7, 2025.
10/01/2025Brief amicus curiae of Unified Patents, LLC filed.
10/08/2025Brief amicus curiae of Public Interest Patent Law Institute filed.
10/08/2025Brief amici curiae of Biophore Pharma, Inc., et al. filed.
10/08/2025Brief amicus curiae of Sigmapharm Laboratories, LLC filed.
10/08/2025Brief amici curiae of Professor Jonathan Masur, et al. filed.
10/08/2025Brief amici curiae of Intellectual Property Law Professors filed.
11/07/2025Brief of respondent Novartis Pharmaceuticals Corporation in opposition filed.
11/25/2025DISTRIBUTED for Conference of 12/12/2025.
11/25/2025Reply of petitioners MSN Pharmaceuticals, Inc., et al. filed. (Distributed)
12/15/2025Petition DENIED.