Editor's Note :

Editor's Note :

We expect orders from the February 24 conference on Monday at 9:30 a.m. There is a possibility of opinions on Wednesday, March 1.
On Monday the court hears oral argument in Packingham v. North Carolina. Amy Howe has our preview.
On Monday the court also hears oral argument in Esquivel-Quintana v. Sessions. Kevin Johnson has our preview.

GlaxoSmithKline v. Classen Immunotherapies, Inc.

Petition for certiorari denied on January 14, 2013
Docket No. Op. Below Argument Opinion Vote Author Term
11-1078 Fed. Cir. N/A N/A N/A N/A OT 2012
 
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Issue: 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.

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