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INO Therapeutics LLC, et al. v. Praxair Distribution Inc., et al.

Paid petition · United States Court of Appeals for the Federal Circuit, No. 2018-1019 · judgment August 27, 2019


Certiorari denied · April 6, 2020
Pre-decision estimate: 17% cert probability (95% interval 12%–24%)

Before the decision, about 4.1× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition), and down for a business respondent.

Question presented

Whether a method of treatment that requires doctors to selectively administer a drug to certain patients and not others to enhance patient outcomes is eligible for patent protection under Section 101 of the Patent Act. (i)

Counsel of record

For petitioner
Seth P. Waxman
Wilmer Cutler Pickering Hale and Dorr LLP

For respondent
William Robert Peterson
Office of the Texas Attorney General

Case

Conference history
Distributed for 1 conference

Linked docket
19A859

Proceedings

  1. Apr 06 2020
    Petition DENIED.
  2. Mar 18 2020
    DISTRIBUTED for Conference of 4/3/2020.
  3. Mar 10 2020
    Waiver of right of respondent Praxair Distribution Inc.; Praxair Inc. to respond filed.
  4. Mar 06 2020
    Petition for a writ of certiorari filed. (Response due April 9, 2020)
  5. Jan 31 2020
    Application (19A859) granted by The Chief Justice extending the time to file until March 6, 2020.
  6. Jan 28 2020
    Application (19A859) to extend the time to file a petition for a writ of certiorari from February 17, 2020 to March 6, 2020, submitted to The Chief Justice.