Petition of the day
The petition of the day is:
GlaxoSmithKline v. Classen Immunotherapies, Inc.
Issue(s): 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.
Certiorari stage documents:
Recommended Citation: Matthew Bush, Petition of the day, SCOTUSblog (Apr. 5, 2012, 11:11 PM), http://www.scotusblog.com/2012/04/petition-of-the-day-269/