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Retractable Technologies, Inc. v. Becton, Dickinson and Co.

Petition for certiorari denied on January 7, 2013

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Docket No. Op. Below Argument Opinion Vote Author Term
11-1154 Fed. Cir. N/A N/A N/A N/A OT 2012

Issue: (1) Whether a court may depart from the plain and ordinary meaning of a term in a patent claim based on language in the patent specification, where the patentee has neither expressly disavowed the plain meaning of the claim term nor expressly defined the term in a way that differs from its plain meaning; and (2) whether claim construction, including underlying factual issues that are integral to claim construction, is a purely legal question subject to de novo review on appeal.

DateProceedings and Orders (key to color coding)
01/18/2012Application (11A683) to extend the time to file a petition for a writ of certiorari from January 29, 2012 to March 19, 2012, submitted to The Chief Justice.
01/19/2012Application (11A683) granted by The Chief Justice extending the time to file until March 26, 2012.
03/20/2012Petition for a writ of certiorari filed. (Response due April 23, 2012)
04/23/2012Brief amicus curiae of Indiana University Maurer School of Law Center for Intellectual Property Research filed.
04/24/2012Order extending time to file response to petition to and including May 25, 2012.
05/25/2012Brief of respondent Becton, Dickinson and Company in opposition filed.
06/04/2012Reply of petitioners Retractable Technologies, Inc., and Thomas J. Shaw filed.
06/05/2012DISTRIBUTED for Conference of June 21, 2012.
06/25/2012DISTRIBUTED for Conference of June 28, 2012.
06/29/2012The Solicitor General is invited to file a brief in this case expressing the views of the United States.
11/28/2012Brief amicus curiae of United States filed.
12/12/2012DISTRIBUTED for Conference of January 4, 2013.
12/12/2012Supplemental brief of petitioners Retractable Technologies, Inc., et al. filed. (Distributed)
01/07/2013Petition DENIED.

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