Supreme Court of the United States · Official docket →
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: 9% cert probability (95% interval 6%–15%)
Before the decision, about 2.3× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a dissent in the court below (flagged in the petition), and a Federal Circuit decision below.
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
Proceedings
- Oct 21 2019Petition DENIED.
- Oct 02 2019DISTRIBUTED for Conference of 10/18/2019.
- Oct 02 2019Reply of petitioner Eli Lilly and Company filed. (Distributed)
- Sep 18 2019Brief of respondent Erfindergemeinschaft UroPep GbR in opposition filed.
- Aug 19 2019Response Requested. (Due September 18, 2019)
- Jul 08 2019Brief amicus curiae of High Tech Inventors Alliance filed. (Distributed)
- Jul 08 2019Brief amici curiae of Eisai Co., Ltd., et al. filed. (Distributed)
- Jul 08 2019Brief amici curiae of Sanofi, Sanofi-Aventis U.S. LLC, et al. filed. (Distributed)
- Jun 12 2019DISTRIBUTED for Conference of 10/1/2019.
- Jun 06 2019Waiver of right of respondent Erfindergemeinschaft UroPep GbR to respond filed.
- Jun 05 2019Petition for a writ of certiorari filed. (Response due July 8, 2019)
- Apr 25 2019Application (18A1084) granted by The Chief Justice extending the time to file until June 5, 2019.
- Apr 22 2019Application (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.