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Eli Lilly and Company v. Erfindergemeinschaft UroPep GbR

Paid petition · United States Court of Appeals for the Federal Circuit, No. 17-2603 · judgment October 10, 2018

Certiorari denied · October 21, 2019
Pre-decision estimate: 10% cert probability (95% interval 6%–16%)

Before the decision, about 2.3× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a Federal Circuit decision below, and a business petitioner.

Question presented

Whether a single-step patent claim that describes its point of novelty solely in functional terms violates the rule against functional claiming set forth in Halliburton Oil Well Cementing Co. v. Walker, 329 U.S. 1 (1946). (I)

Counsel of record

For petitioner
Kannon K. Shanmugam
Paul, Weiss, Rifkind, Wharton & Garrison LLP

For respondent
Adam Karl Mortara
Lawfair LLC

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
3 cert-stage

Linked docket
18A1084

Order
Order list, October 21, 2019 · Certiorari denied

Proceedings

  1. Oct 21 2019
    Petition DENIED.
  2. Oct 02 2019
    DISTRIBUTED for Conference of 10/18/2019.
  3. Oct 02 2019
    Reply of petitioner Eli Lilly and Company filed. (Distributed)
  4. Sep 18 2019
    Brief of respondent Erfindergemeinschaft UroPep GbR in opposition filed.
  5. Aug 19 2019
    Response Requested. (Due September 18, 2019)
  6. Jul 08 2019
    Brief amicus curiae of High Tech Inventors Alliance filed. (Distributed)
  7. Jul 08 2019
    Brief amici curiae of Eisai Co., Ltd., et al. filed. (Distributed)
  8. Jul 08 2019
    Brief amici curiae of Sanofi, Sanofi-Aventis U.S. LLC, et al. filed. (Distributed)
  9. Jun 12 2019
    DISTRIBUTED for Conference of 10/1/2019.
  10. Jun 06 2019
    Waiver of right of respondent Erfindergemeinschaft UroPep GbR to respond filed.
  11. Jun 05 2019
    Petition for a writ of certiorari filed. (Response due July 8, 2019)
  12. Apr 25 2019
    Application (18A1084) granted by The Chief Justice extending the time to file until June 5, 2019.
  13. Apr 22 2019
    Application (18A1084) to extend the time to file a petition for a writ of certiorari from May 6, 2019 to June 5, 2019, submitted to The Chief Justice.
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