Supreme Court of the United States · Official docket →
Senju Pharmaceutical Co., Ltd., et al. v. Akorn, Inc.
Paid petition · United States Court of Appeals for the Federal Circuit, No. 2017-1511 · judgment August 8, 2018
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
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Whether 35 U.S.C. § 144’s directive that the Federal Circuit “shall issue … its mandate and opinion” in all appeals from the Patent and Trademark Office precludes the Federal Circuit from resolving such appeals through a Rule 36 judgment of affirmance without opinion.
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Whether, under this Court’s decisions in Graham v. John Deere Co., 383 U.S. 1 (1966), and KSR International Co. v. Teleflex Inc., 550 U.S. 398 (2007), the Patent Trial and Appeal Board must consider all relevant evidence, including any objective indicia of non-obviousness, when assessing whether a patent is invalid under 35 U.S.C. § 103.
Counsel of record
For petitioner
Anton Metlitsky
O'Melveny & Myers
For respondent
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Proceedings
- Oct 07 2019Petition DENIED.
- Jun 26 2019DISTRIBUTED for Conference of 10/1/2019.
- May 10 2019Petition for a writ of certiorari filed. (Response due June 12, 2019)
- Mar 26 2019Application (18A892) granted by The Chief Justice extending the time to file until May 10, 2019.
- Mar 22 2019Application (18A892) to extend further the time from April 10, 2019 to May 10, 2019, submitted to The Chief Justice.
- Mar 04 2019Application (18A892) granted by The Chief Justice extending the time to file until April 10, 2019.
- Feb 28 2019Application (18A892) to extend the time to file a petition for a writ of certiorari from March 11, 2019 to April 10, 2019, submitted to The Chief Justice.