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Merck & Cie v. Watson Laboratories, Inc.

Certiorari Denied

Petition for certiorari denied on January 9, 1917.

Docket No.16-493
Op. BelowFed. Cir.

Issue

Whether the "on sale" bar found in Section 102(b) of the Patent Act applies only to sales or offers of sale made available to the public, as Congress, this court, and the United States have all made clear, or whether it also applies to non-public sales or offers of sale, as the U.S. Court of Appeals for the Federal Circuit has held.

Proceedings & orders timeline

Jul 19, 2016
Application (16A74) for a stay pending the filing and disposition of a petition for a writ of certiorari, submitted to The Chief Justice.
Jul 21, 2016
Upon consideration of the application of counsel for the applicants, it is ordered that the mandate of the United States Court of Appeals for the Federal Circuit, case Nos. 2015-2063 and 2015-2064, is hereby stayed pending further order of the undersigned or of the Court. It is further ordered that a response to the application be filed on or before Tuesday, July 26, 2016, by 3 p.m.
Jul 26, 2016
Response to application from respondent Watson Laboratories, Inc. filed.
Jul 27, 2016
Reply of applicant Merck & Cie, et al. filed.
Jul 27, 2016
Application (16A74) denied by The Chief Justice. It is ordered that the stay issued by The Chief Justice on July 21, 2016, is vacated. The application for stay is, in all respects, denied.
Oct 12, 2016
Petition for a writ of certiorari filed. (Response due November 14, 2016)
Nov 9, 2016
Order extending time to file response to petition to and including November 29, 2016.
Nov 29, 2016
Brief of respondent Watson Laboratories, Inc. in opposition filed.
Dec 13, 2016
Reply of petitioners Merck & Cie, et al. filed.
Dec 14, 2016
DISTRIBUTED for Conference of January 6, 2017.
Jan 9, 2017
Petition DENIED. Justice Alito took no part in the consideration or decision of this petition.

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