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MSN Pharmaceuticals, Inc. v. Novartis Pharmaceuticals Corp.

Certiorari Denied

Petition for certiorari denied on December 15, 2025.

Docket No.25-225
Op. BelowFed. Cir.

Issue

Whether, in a patent-infringement suit, a court may consider after-arising technology to hold that the patent is invalid under 35 U.S.C. § 112(a) of the Patent Act.

Proceedings & orders timeline

Jun 6, 2025
Application (24A1215) to extend the time to file a petition for a writ of certiorari from June 23, 2025 to August 22, 2025, submitted to The Chief Justice.
Jun 11, 2025
Application (24A1215) granted by The Chief Justice extending the time to file until August 22, 2025.
Aug 22, 2025
Petition for a writ of certiorari filed. (Response due September 25, 2025)
Sep 2, 2025
Waiver of right of respondent Novartis Pharmaceuticals Corporation to respond filed.
Sep 3, 2025
DISTRIBUTED for Conference of 9/29/2025.
Sep 3, 2025
Brief amicus curiae of Association for Accessible Medicines filed. (Distributed)
Sep 4, 2025
Letter from counsel of MSN Pharmaceuticals, Inc., et al. received.
Sep 8, 2025
Response Requested. (Due October 8, 2025)
Sep 17, 2025
Motion to extend the time to file a response from October 8, 2025 to November 7, 2025, submitted to The Clerk.
Sep 18, 2025
Motion to extend the time to file a response is granted and the time is extended to and including November 7, 2025.
Oct 1, 2025
Brief amicus curiae of Unified Patents, LLC filed.
Oct 8, 2025
Brief amicus curiae of Public Interest Patent Law Institute filed.
Oct 8, 2025
Brief amici curiae of Biophore Pharma, Inc., et al. filed.
Oct 8, 2025
Brief amicus curiae of Sigmapharm Laboratories, LLC filed.
Oct 8, 2025
Brief amici curiae of Professor Jonathan Masur, et al. filed.
Oct 8, 2025
Brief amici curiae of Intellectual Property Law Professors filed.
Nov 7, 2025
Brief of respondent Novartis Pharmaceuticals Corporation in opposition filed.
Nov 25, 2025
DISTRIBUTED for Conference of 12/12/2025.
Nov 25, 2025
Reply of petitioners MSN Pharmaceuticals, Inc., et al. filed. (Distributed)
Dec 15, 2025
Petition DENIED.

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