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

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.

SCOTUSblog Coverage

DateProceedings and Orders
Feb 28 2012Petition for a writ of certiorari filed. (Response due April 2, 2012)
Mar 29 2012Brief amicus curiae of Pharmaceutical Research and Manufacturers of America filed.
Apr 17 2012DISTRIBUTED for Conference of May 10, 2012.
Apr 23 2012Response Requested . (Due May 23, 2012)
May 23 2012Brief of respondent Classen Immunotherapies, Inc. in opposition filed.
Jun 4 2012Reply of petitioner GlaxoSmithKline filed.
Jun 5 2012DISTRIBUTED for Conference of June 21, 2012.
Jun 25 2012The Solicitor General is invited to file a brief in this case expressing the views of the United States.
Dec 13 2012Brief amicus curiae of United States filed.
Dec 26 2012DISTRIBUTED for Conference of January 11, 2013.
Dec 26 2012Supplemental brief of petitioner GlaxoSmithKline filed. (Distributed)
Jan 14 2013Petition DENIED. Justice Alito took no part in the consideration or decision of this petition.
 
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