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Regeneron Pharmaceuticals, Inc. v. Merus N.V.

Paid petition · United States Court of Appeals for the Federal Circuit, No. 16-1346 · judgment July 27, 2017

Certiorari denied · October 1, 2018
Pre-decision estimate: 27% cert probability (95% interval 15%–43%)

Before the decision, about 6.6× the 4.1% base rate. The model weighted this up for counsel with five or more prior petitions here, a circuit split argued in the petition, and a petition citing more than ten dissents.

Question presented

Whether a patent right can be fully extinguished based on misconduct committed by the patentee’s counsel during federal district court litigation to enforce the patent right. (i)

Counsel of record

For petitioner
Neal Kumar Katyal
Milbank LLP

For respondent
John Caviness O'Quinn
Kirkland & Ellis LLP

Case

Subject area
Economic Activity (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 2 conferences

Amicus briefs
4 cert-stage

Linked docket
17A945

Order
Order list, October 1, 2018 · Certiorari denied

Proceedings

  1. Oct 01 2018
    Motion for leave to file amici brief filed by Seven Chicago Patent Lawyers GRANTED.
  2. Oct 01 2018
    Petition DENIED.
  3. Aug 22 2018
    DISTRIBUTED for Conference of 9/24/2018.
  4. Aug 21 2018
    Reply of petitioner Regeneron Pharmaceuticals, Inc. filed.
  5. Aug 08 2018
    Brief of respondent Merus N.V. in opposition filed.
  6. Jul 09 2018
    Brief amicus curiae of Washington Legal Foundation filed.
  7. Jul 09 2018
    Brief amicus curiae of Intellectual Property Law Association of Chicago filed.
  8. Jul 09 2018
    Motion for leave to file amici brief filed by Seven Chicago Patent Lawyers.
  9. Jul 09 2018
    Brief amicus curiae of National Association of Patent Practitioners in support of neither party filed.
  10. Jun 29 2018
    Brief amicus curiae of New York Intellectual Property Law Association in support of neither Party Filed.
  11. Jun 20 2018
    Motion to extend the time to file a response is granted and the time is extended to and including August 8, 2018.
  12. Jun 19 2018
    Motion to extend the time to file a response from July 9, 2018 to August 8, 2018, submitted to The Clerk.
  13. Jun 08 2018
    Response Requested. (Due July 9, 2018)
  14. Jun 05 2018
    DISTRIBUTED for Conference of 6/21/2018.
  15. Jun 01 2018
    Waiver of right of respondent Merus N.V. to respond filed.
  16. May 25 2018
    Petition for a writ of certiorari filed. (Response due July 2, 2018)
  17. Mar 08 2018
    Application (17A945) granted by The Chief Justice extending the time to file until May 25, 2018.
  18. Mar 07 2018
    Application (17A945) to extend the time to file a petition for a writ of certiorari from March 26, 2018 to May 25, 2018, submitted to The Chief Justice.
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