Supreme Court of the United States · Official docket →
Allergan Sales, LLC v. Sandoz, Inc., et al.
Paid petition · United States Court of Appeals for the Federal Circuit, No. 17-1499, 17-1500, 17-1558, 17-1559 · judgment December 22, 2017
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 the Federal Circuit may ignore a factual stipulation, contrary to this Court’s precedent, and decisions of numerous circuit courts, holding that factual stipulations are binding?
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Whether the Federal Circuit’s finding of noninfringement by ignoring a factual stipulation should, at a minimum, be vacated because it did not mention the stipulation or address Allergan’s arguments that the stipulation was binding, even though it was Allergan’s lead argument on appeal?
Counsel of record
For petitioner
Jonathan E. Singer
Fish & Richardson, P.C., P.A.
For respondent
John Caviness O'Quinn
Kirkland & Ellis LLP
Proceedings
- Oct 01 2018Petition DENIED.
- Aug 08 2018DISTRIBUTED for Conference of 9/24/2018.
- Aug 02 2018Waiver of right of respondents Sandoz Inc., Alcon Laboratories, Inc., and Alcon Research, Ltd. to respond filed.
- Jun 29 2018Petition for a writ of certiorari filed. (Response due August 2, 2018)
- Jun 22 2018Application (17A1391) granted by The Chief Justice extending the time to file until June 29, 2018.
- Jun 20 2018Application (17A1391) to extend the time to file a petition for a writ of certiorari from June 26, 2018 to July 26, 2018, submitted to The Chief Justice.