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Teva Pharmaceuticals USA, Inc., v. GlaxoSmithKline, LLC

Certiorari Denied

Petition for certiorari denied on May 15, 2023.

Docket No.22-37
Op. BelowFed. Cir.

Issue

Whether a generic drug manufacturer's FDA-approved label that carves out all of the language the brand manufacturer has identified as covering its patented uses can be held liable on a theory that its label still intentionally encourages infringement of those carved-out uses.

Proceedings & orders timeline

Apr 29, 2022
Application (21A677) to extend the time to file a petition for a writ of certiorari from May 12, 2022 to July 11, 2022, submitted to The Chief Justice.
May 3, 2022
Application (21A677) granted by The Chief Justice extending the time to file until July 11, 2022.
Jul 11, 2022
Petition for a writ of certiorari filed. (Response due August 12, 2022)
Jul 25, 2022
Motion to extend the time to file a response from August 12, 2022 to September 12, 2022, submitted to The Clerk.
Jul 26, 2022
Motion to extend the time to file a response is granted and the time is extended to and including September 12, 2022.
Aug 10, 2022
Brief amici curiae of 42 Professors of Law, Economics, Business, and Medicine filed.
Aug 12, 2022
Brief amicus curiae of Alvotech filed.
Aug 12, 2022
Brief amicus curiae of Mylan Pharmaceuticals Inc. filed.
Aug 12, 2022
Brief amicus curiae of Association for Accessible Medicines filed.
Aug 19, 2022
Brief of respondents GlaxoSmithKline LLC, et al. in opposition filed.
Sep 7, 2022
DISTRIBUTED for Conference of 9/28/2022.
Sep 7, 2022
Reply of petitioner Teva Pharmaceuticals USA, Inc. filed. (Distributed)
Oct 3, 2022
The Solicitor General is invited to file a brief in this case expressing the views of the United States.
Mar 29, 2023
Brief amicus curiae of United States filed.
Apr 11, 2023
Supplemental brief of respondents GlaxoSmithKline LLC, et al. filed. (Distributed)
Apr 12, 2023
DISTRIBUTED for Conference of 4/28/2023.
May 8, 2023
DISTRIBUTED for Conference of 5/11/2023.
May 15, 2023
Petition DENIED. Justice Kavanaugh would grant the petition for a writ of certiorari.

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