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GlaxoSmithKline v. Classen Immunotherapies, Inc.

Certiorari Denied

Petition for certiorari denied on January 14, 2013.

Docket No.11-1078
Op. BelowFed. Cir.

Issue

Whether the Federal Circuit"s interpretation of 35 U.S.C. § 271(e)(1)"s safe harbor from patent infringement liability for drugs " an interpretation which arbitrarily restricts the safe harbor to pre-marketing approval of generic counterparts " is faithful to statutory text that contains no such limitation and decisions of this Court rejecting similar efforts to impose extra-textual limitations on the statute.

Proceedings & orders timeline

Feb 28, 2012
Petition for a writ of certiorari filed. (Response due April 2, 2012)
Mar 29, 2012
Brief amicus curiae of Pharmaceutical Research and Manufacturers of America filed.
Apr 17, 2012
DISTRIBUTED for Conference of May 10, 2012.
Apr 23, 2012
Response Requested . (Due May 23, 2012)
May 23, 2012
Brief of respondent Classen Immunotherapies, Inc. in opposition filed.
Jun 4, 2012
Reply of petitioner GlaxoSmithKline filed.
Jun 5, 2012
DISTRIBUTED for Conference of June 21, 2012.
Jun 25, 2012
The Solicitor General is invited to file a brief in this case expressing the views of the United States.
Dec 13, 2012
Brief amicus curiae of United States filed.
Dec 26, 2012
DISTRIBUTED for Conference of January 11, 2013.
Dec 26, 2012
Supplemental brief of petitioner GlaxoSmithKline filed. (Distributed)
Jan 14, 2013
Petition DENIED. Justice Alito took no part in the consideration or decision of this petition.

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