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Dr. Reddy’s Laboratories, Ltd. v. Eli Lilly and Company

Certiorari Denied

Petition for certiorari denied on June 15, 2020.

Docket No.19-1061
Op. BelowFed. Cir.

Issue

Whether, under Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co."s "tangential" exception to prosecution-history estoppel, patent owners may recapture subject matter they could have claimed in prosecution but did not, by arguing that they surrendered more than they needed to during prosecution to address a rejection by the U.S. Patent and Trademark Office.

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