Editor's Note :

Editor's Note :

On Monday at 9:30 a.m. we expect the Court to issue orders from the October 31 Conference; we do not expect the Justices to issue any decisions on the merits.
Our list of "Petitions to watch for that Conference is here.

Becton, Dickinson and Co. v. Retractable Technologies, Inc.

Petition for certiorari denied on January 7, 2013

Linked with:

Docket No. Op. Below Argument Opinion Vote Author Term
11-1278 Fed. Cir. N/A N/A N/A N/A OT 2012

Issue: (1) Whether the Federal Circuit’s construction of the “lodging” limitation should be reversed because, at the urging of Retractable Technologies, Inc. (RTI), the Federal Circuit deviated from the term’s clear meaning on far weaker grounds than the court relied on to construe the ambiguous term “body”; (2) whether the Federal Circuit’s construction of the “retainer member” limitation should be reversed because, at RTI’s urging, the Federal Circuit deviated from the term’s clear meaning on far weaker grounds than the court relied on to construe the ambiguous term “body”; and (3) whether the Federal Circuit’s holding that the asserted claims cover devices that work by cutting should be reversed because, at RTI’s urging, the Federal Circuit disregarded a clear disclaimer of claim scope on far weaker grounds than the court relied on to construe the ambiguous term “body.”

DateProceedings and Orders
Jan 18 2012Application (11A683) to extend the time to file a petition for a writ of certiorari from January 29, 2012 to March 19, 2012, submitted to The Chief Justice.
Jan 19 2012Application (11A683) granted by The Chief Justice extending the time to file until March 26, 2012.
Mar 20 2012Petition for a writ of certiorari filed. (Response due April 23, 2012)
Apr 23 2012Brief amicus curiae of Indiana University Maurer School of Law Center for Intellectual Property Research filed.
Apr 24 2012Order extending time to file response to petition to and including May 25, 2012.
May 25 2012Brief of respondent Becton, Dickinson and Company in opposition filed.
Jun 4 2012Reply of petitioners Retractable Technologies, Inc., and Thomas J. Shaw filed.
Jun 5 2012DISTRIBUTED for Conference of June 21, 2012.
Jun 25 2012DISTRIBUTED for Conference of June 28, 2012.
Jun 29 2012The Solicitor General is invited to file a brief in this case expressing the views of the United States.
Nov 28 2012Brief amicus curiae of United States filed.
Dec 12 2012DISTRIBUTED for Conference of January 4, 2013.
Dec 12 2012Supplemental brief of petitioners Retractable Technologies, Inc., et al. filed. (Distributed)
Jan 7 2013Petition DENIED.
 
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