Supreme Court of the United States · Official docket →
Sandoz Inc., et al. v. Immunex Corporation, et al.
Paid petition · United States Court of Appeals for the Federal Circuit, No. 2020-1037 · judgment July 1, 2020
Before the decision, about 1.9× 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, and down for a business respondent.
Question presented
Under federal patent law, a patent owner may receive only one period of exclusivity for its invention and may not obtain a second patent on the same invention or a “colorable variation” thereof. McCreary v. Pa. Canal Co., 141 U.S. 459, 467 (1891). The question presented is: May the patent owner avoid the rule against double patenting by buying all of the substantial rights to a second, later-expiring patent for essentially the same invention, so long as the seller retains nominal ownership and a theoretical secondary right to sue for infringement?
Counsel of record
For petitioner
William McGinley Jay
Goodwin Procter, LLP
For respondent
Constantine L. Trela Jr.
Sidley & Austin
Case
Conference history
Distributed for 1 conference
Amicus briefs
1 cert-stage
Proceedings
- May 17 2021Petition DENIED.
- Apr 27 2021DISTRIBUTED for Conference of 5/13/2021.
- Apr 26 2021Reply of petitioners Sandoz Inc., Sandoz International GmbH, Sandoz GmbH filed. (Distributed)
- Apr 12 2021Brief of respondents Immunex Corp., et al. in opposition filed.
- Mar 15 2021Brief amici curiae of Association for Accessible Medicines and America's Health Insurance Plans, Inc. filed.
- Feb 25 2021Motion to extend the time to file a response is granted and the time is extended to and including April 14, 2021.
- Feb 24 2021Motion to extend the time to file a response from March 15, 2021 to April 14, 2021, submitted to The Clerk.
- Jan 29 2021Petition for a writ of certiorari filed. (Response due March 15, 2021)