Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc.
Holding
When reviewing a district court"s resolution of subsidiary factual matters made in the course of its construction of a patent claim, the Federal Circuit must apply a "clear error," not a de novo, standard of review.
Judgment
Reversed and remanded, 7-2, in an opinion by Stephen G. Breyer on Jan 20, 2015. Justice Thomas filed a dissenting opinion, in which Justice Alito joined.
Nov 4, 2013Application (13A458) to recall and stay mandate pending the filing and disposition of a petition for a writ of certiorari, submitted to The Chief Justice.
Nov 5, 2013Response to the application (13A458) requested by The Chief Justice, due Tuesday, November 12, 2013, by 10 a.m.
Nov 12, 2013Response to application from respondent Sandoz, Inc., et al. filed.
Nov 13, 2013Reply of applicant Teva Pharmaceuticals USA, Inc., et al. filed.
Nov 13, 2013Application (13A458) denied by The Chief Justice.
Jan 16, 2014Petition for a writ of certiorari filed. (Response due February 18, 2014)Feb 5, 2014Brief of respondents Sandoz, Inc., et al. in opposition filed.Feb 19, 2014DISTRIBUTED for Conference of March 7, 2014.
Feb 26, 2014Reply of petitioners Teva Pharmaceuticals USA, Inc., et al. filed. (Distributed)Mar 10, 2014DISTRIBUTED for Conference of March 21, 2014.
Mar 24, 2014DISTRIBUTED for Conference of March 28, 2014.
Mar 31, 2014Petition GRANTED.
Apr 4, 2014Application (13A1003) to recall and stay the mandate of the United States Court of Appeals for the Federal Circuit pending the sending down of the judgment of this Court, submitted to The Chief Justice.
Apr 8, 2014Response to the application (13A1003) to recall and stay the mandate requested by The Chief Justice. The response is due Monday, April 14, 2014, by 5 p.m.
Apr 14, 2014Response to application from respondents and motion for leave to file under seal declarations in support of respondents filed.
Apr 17, 2014Reply of applicant Teva Pharmaceuticals USA, Inc., et al. filed.Apr 18, 2014Application (13A1003) denied by The Chief Justice. (In Chambers Opinion)
May 5, 2014The time to file the joint appendix and petitioners' brief on the merits is extended to and including June 13, 2014.
May 5, 2014The time to file respondents' brief on the merits is extended to and including August 11, 2014.
May 16, 2014Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondents Mylan Pharmaceuticals, Inc., et al.
Jun 13, 2014Joint appendix filed. (5 Volumes) (Statement of costs filed.)
Jun 13, 2014Brief of petitioners Teva Pharmaceuticals USA, Inc., et al. filed.Jun 13, 2014Motion for leave to file Volume 4 of the joint appendix under seal filed by petitioners Teva Pharmaceuticals USA, Inc., et al.
Jun 16, 2014Brief amicus curiae of the United States in support of neither party filed.Jun 16, 2014Brief amicus curiae of Federation Internationale Des Conseils En Propriete Intellectuelle (FICPI) in support of neither party filed.Jun 18, 2014Motion DISTRIBUTED for Conference of September 29, 2014.
Jun 20, 2014Brief amici curiae of Professors Peter S. Menell, et al. in support of neither party filed.Jun 20, 2014Brief amicus curiae of Houston Intellectual Property Law Association in support of neither party filed.Jun 20, 2014Brief amicus curiae of American Bar Association in support of neither party filed.Jun 20, 2014Brief amicus curiae of Fresenius Kabi USA, LLC in support of neither party filed.Jun 20, 2014Brief amicus curiae of American Intellectual Property Law Association in support of neither party filed.Jun 20, 2014Brief amicus curiae of Intellectual Property Owners Association in support of neither party filed.Jul 9, 2014Record requested from U.S.C.A. Federal Circuit.
Jul 18, 2014SET FOR ARGUMENT ON Wednesday, Octobert 15, 2014
Jul 21, 2014Record received from U.S.D.C. Southern District of New York (3 Boxes), the records in this case are SEALED.
Jul 21, 2014Record received from U.S.C.A. Federal Circuit. The record is located on PACER, confidential documents are filed electronically.
Aug 11, 2014Brief of respondents Sandoz, Inc., et al. filed.Aug 14, 2014CIRCULATED.
Aug 16, 2014Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Aug 18, 2014Brief amici curiae of Intel Corporation, et al. filed. (Distributed)Aug 18, 2014Brief amici curiae of Google Inc., et al. filed. (Distributed)Sep 10, 2014Reply of petitioners Teva Pharmaceuticals USA, Inc., et al. filed. (Distributed)Oct 2, 2014Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Oct 2, 2014Motion for leave to file Volume 4 of the joint appendix under seal GRANTED.
Oct 15, 2014Argued. For petitioners: William M. Jay, Washington, D. C. For United States, as amicus curiae: Ginger D. Anders, Assistant to the Solicitor General, Washington, D. C. For respondents: Carter G. Phillips, Washington, D. C.
Jan 20, 2015Judgment VACATED and case REMANDED. Breyer, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Kennedy, Ginsburg, Sotomayor, and Kagan, JJ., joined. Thomas, J., filed a dissenting opinion, in which Alito, J., joined.
Jan 23, 2015Application (14A792) for issuance of the mandate forthwith, submitted to Justice Breyer.
Jan 26, 2015Application (14A792) denied without prejudice by Justice Breyer.
Feb 18, 2015JUDGMENT ISSUED.
Feb 20, 2015Record returned to U.S.D.C. Southern District of New York. 3 Boxes.
Recommended Citation: Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., SCOTUSblog, https://www.scotusblog.com/cases/teva-pharmaceuticals-usa-inc-v-sandoz-inc/