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Enzo Life Sciences, Inc. v. Roche Molecular Systems, Inc., et al.

Paid petition · United States Court of Appeals for the Federal Circuit, No. 2017-2498, 2017-2499, 2017-2545, 2017-2546 · judgment June 20, 2019

Certiorari denied · March 30, 2020
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

I. In light of a patent’s presumption of validity under 35 U.S.C. § 282 and the concomitant clear and convincing standard for proving invalidity, may patent claims that cover a class be invalidated as non-enabled under 35 U.S.C. § 112 based on a finding of high unpredictability in the art despite an absence of any evidence of inoperability within the class? II. In concluding that the patent claims that cover a class are invalid as non-enabled under 35 U.S.C. § 112 despite an absence of any evidence of inoperability within the class, did the United States Court of Appeals for the Federal Circuit (“Federal Circuit”) erroneously shift the burden to the patent owner to prove the claims were enabled, and therefore valid, in violation of the presumption of validity under 35 U.S.C. § 282?

Counsel of record

For petitioner
Justin Patrick Daniel Wilcox
Desmarais LLP

For respondent
John Caviness O'Quinn
Kirkland & Ellis LLP

Case

Conference history
Distributed for 1 conference

Linked docket
19A800

Proceedings

  1. Mar 30 2020
    Petition DENIED. Justice Alito took no part in the consideration or decision of this petition.
  2. Mar 11 2020
    DISTRIBUTED for Conference of 3/27/2020.
  3. Mar 02 2020
    Waiver of right of respondents Abbott Laboratories; Abbott Molecular, Inc. to respond filed.
  4. Mar 02 2020
    Waiver of right of respondents Roche Molecular Systems, Inc.; Roche Diagnostics Corporation; Roche Diagnostics Operations, Inc.; Roche Nimblegen, Inc.; Becton, Dickinson and Company; Becton Dickinson Diagnostics Inc.; and Geneohm Sciences Inc. to respond filed.
  5. Feb 26 2020
    Petition for a writ of certiorari filed. (Response due April 1, 2020)
  6. Jan 17 2020
    Application (19A800) granted by The Chief Justice extending the time to file until February 26, 2020.
  7. Jan 14 2020
    Application (19A800) to extend the time to file a petition for a writ of certiorari from January 27, 2020 to February 26, 2020, submitted to The Chief Justice.
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