Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc.
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 13-854 | Fed. Cir. | Oct 15, 2014 | Jan 20, 2015 | 7-2 | Breyer | OT 2014 |
Holding: When reviewing a district court"s resolution of subsidiary factual matters made in the course of its construction of a patent claim, the Federal Circuit must apply a "clear error," not a de novo, standard of review.
Judgment: Reversed and remanded, 7-2, in an opinion by Justice Breyer on January 20, 2015. Justice Thomas filed a dissenting opinion, in which Justice Alito joined.
SCOTUSblog Coverage
- Breyer turns down generic firms' plea (Lyle Denniston, January 27, 2015)
- New dispute over Copaxone patent (FURTHER UPDATED) (Lyle Denniston, January 26, 2015)
- Opinion analysis: Court moves to rein in Federal Circuit control over district court claim construction (Ronald Mann, January 20, 2015)
- Argument analysis: If gut feelings could control... (Lyle Denniston, October 15, 2014)
- Argument preview: Trimming a specialized court's power? (Lyle Denniston, October 13, 2014)
- Court won't block Teva rivals (Lyle Denniston, April 18, 2014)
- Teva seeks to head off generic rivals (UPDATED) (Lyle Denniston, April 8, 2014)
- Court to rule on patent appeals (UPDATED) (Lyle Denniston, March 31, 2014)
| Date | Proceedings and Orders |
|---|---|
| 11/04/2013 | Application (13A458) to recall and stay mandate pending the filing and disposition of a petition for a writ of certiorari, submitted to The Chief Justice. |
| 11/05/2013 | Response to the application (13A458) requested by The Chief Justice, due Tuesday, November 12, 2013, by 10 a.m. |
| 11/12/2013 | Response to application from respondent Sandoz, Inc., et al. filed. |
| 11/13/2013 | Reply of applicant Teva Pharmaceuticals USA, Inc., et al. filed. |
| 11/13/2013 | Application (13A458) denied by The Chief Justice. |
| 01/16/2014 | Petition for a writ of certiorari filed. (Response due February 18, 2014) |
| 02/05/2014 | Brief of respondents Sandoz, Inc., et al. in opposition filed. |
| 02/19/2014 | DISTRIBUTED for Conference of March 7, 2014. |
| 02/26/2014 | Reply of petitioners Teva Pharmaceuticals USA, Inc., et al. filed. (Distributed) |
| 03/10/2014 | DISTRIBUTED for Conference of March 21, 2014. |
| 03/24/2014 | DISTRIBUTED for Conference of March 28, 2014. |
| 03/31/2014 | Petition GRANTED. |
| 04/04/2014 | Application (13A1003) to recall and stay the mandate of the United States Court of Appeals for the Federal Circuit pending the sending down of the judgment of this Court, submitted to The Chief Justice. |
| 04/08/2014 | Response to the application (13A1003) to recall and stay the mandate requested by The Chief Justice. The response is due Monday, April 14, 2014, by 5 p.m. |
| 04/14/2014 | Response to application from respondents and motion for leave to file under seal declarations in support of respondents filed. |
| 04/17/2014 | Reply of applicant Teva Pharmaceuticals USA, Inc., et al. filed. |
| 04/18/2014 | Application (13A1003) denied by The Chief Justice. (In Chambers Opinion) |
| 05/05/2014 | The time to file the joint appendix and petitioners' brief on the merits is extended to and including June 13, 2014. |
| 05/05/2014 | The time to file respondents' brief on the merits is extended to and including August 11, 2014. |
| 05/16/2014 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondents Mylan Pharmaceuticals, Inc., et al. |
| 06/13/2014 | Joint appendix filed. (5 Volumes) (Statement of costs filed.) |
| 06/13/2014 | Brief of petitioners Teva Pharmaceuticals USA, Inc., et al. filed. |
| 06/13/2014 | Motion for leave to file Volume 4 of the joint appendix under seal filed by petitioners Teva Pharmaceuticals USA, Inc., et al. |
| 06/16/2014 | Brief amicus curiae of the United States in support of neither party filed. |
| 06/16/2014 | Brief amicus curiae of Federation Internationale Des Conseils En Propriete Intellectuelle (FICPI) in support of neither party filed. |
| 06/18/2014 | Motion DISTRIBUTED for Conference of September 29, 2014. |
| 06/20/2014 | Brief amici curiae of Professors Peter S. Menell, et al. in support of neither party filed. |
| 06/20/2014 | Brief amicus curiae of Houston Intellectual Property Law Association in support of neither party filed. |
| 06/20/2014 | Brief amicus curiae of American Bar Association in support of neither party filed. |
| 06/20/2014 | Brief amicus curiae of Fresenius Kabi USA, LLC in support of neither party filed. |
| 06/20/2014 | Brief amicus curiae of American Intellectual Property Law Association in support of neither party filed. |
| 06/20/2014 | Brief amicus curiae of Intellectual Property Owners Association in support of neither party filed. |
| 07/09/2014 | Record requested from U.S.C.A. Federal Circuit. |
| 07/18/2014 | SET FOR ARGUMENT ON Wednesday, Octobert 15, 2014 |
| 07/21/2014 | Record received from U.S.D.C. Southern District of New York (3 Boxes), the records in this case are SEALED. |
| 07/21/2014 | Record received from U.S.C.A. Federal Circuit. The record is located on PACER, confidential documents are filed electronically. |
| 08/11/2014 | Brief of respondents Sandoz, Inc., et al. filed. |
| 08/14/2014 | CIRCULATED. |
| 08/16/2014 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| 08/18/2014 | Brief amici curiae of Intel Corporation, et al. filed. (Distributed) |
| 08/18/2014 | Brief amici curiae of Google Inc., et al. filed. (Distributed) |
| 09/10/2014 | Reply of petitioners Teva Pharmaceuticals USA, Inc., et al. filed. (Distributed) |
| 10/02/2014 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| 10/02/2014 | Motion for leave to file Volume 4 of the joint appendix under seal GRANTED. |
| 10/15/2014 | Argued. For petitioners: William M. Jay, Washington, D. C. For United States, as amicus curiae: Ginger D. Anders, Assistant to the Solicitor General, Washington, D. C. For respondents: Carter G. Phillips, Washington, D. C. |
| 01/20/2015 | Judgment VACATED and case REMANDED. Breyer, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Kennedy, Ginsburg, Sotomayor, and Kagan, JJ., joined. Thomas, J., filed a dissenting opinion, in which Alito, J., joined. |
| 01/23/2015 | Application (14A792) for issuance of the mandate forthwith, submitted to Justice Breyer. |
| 01/26/2015 | Application (14A792) denied without prejudice by Justice Breyer. |
| 02/18/2015 | JUDGMENT ISSUED. |
| 02/20/2015 | Record returned to U.S.D.C. Southern District of New York. 3 Boxes. |