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Merck & Co., Inc., et al. v. Gilead Sciences, Inc.

Paid petition · United States Court of Appeals for the Federal Circuit, No. 2016-2302, 2016-2615 · judgment April 25, 2018


Certiorari denied · January 7, 2019
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for counsel with five or more prior petitions here, a dissent in the court below (flagged in the petition), and a Federal Circuit decision below, and down for a business respondent.

Question presented

 MICHELLE J. PARTHUM MOLOLAMKEN LLP 300 North LaSalle Street Chicago, IL 60654 (312) 450-6700 mparthum@mololamken.com 

Counsel of record

For petitioner
Jeffrey Alan Lamken
MoloLamken LLP

For respondent
E. Joshua Rosenkranz
Orrick, Herrington & Sutcliffe LLP

Case

Conference history
Distributed for 1 conference

Amicus briefs
2 cert-stage

Linked docket
18A51

Proceedings

  1. Jan 07 2019
    Petition DENIED.
  2. Nov 28 2018
    DISTRIBUTED for Conference of 1/4/2019.
  3. Nov 27 2018
    Reply of petitioners Merck & Co., Inc., et al. filed.
  4. Nov 14 2018
    Brief of respondent Gilead Sciences, Inc. in opposition filed.
  5. Oct 24 2018
    Brief amicus curiae of Samuel L. Bray filed.
  6. Oct 24 2018
    Brief amicus curiae of Celgene Corporation filed.
  7. Oct 15 2018
    Motion to extend the time to file a response is granted and the time is extended to and including November 23, 2018.
  8. Oct 11 2018
    Motion to extend the time to file a response from October 24, 2018 to November 23, 2018, submitted to The Clerk.
  9. Sep 21 2018
    Petition for a writ of certiorari filed. (Response due October 24, 2018)
  10. Jul 16 2018
    Application (18A51) granted by The Chief Justice extending the time to file until September 21, 2018.
  11. Jul 12 2018
    Application (18A51) to extend the time to file a petition for a writ of certiorari from July 24, 2018 to September 21, 2018, submitted to The Chief Justice.