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HZNP Finance Limited, et al. v. Actavis Laboratories UT, Inc.

Paid petition · United States Court of Appeals for the Federal Circuit, No. 2017-2149, 2017-2152, 2017-2153, 2017-2202, 2017-2203, 2017-2206 · judgment October 10, 2019

Certiorari denied · November 2, 2020
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below (flagged in the petition), and a Federal Circuit decision below, and down for a business respondent.

Question presented

Whether the “basic and novel properties” identified in connection with a patent claim’s transitional phrase “consisting essentially of” must independently satisfy the requirements of 35 U.S.C. § 112, ¶ 2, of the Patent Act, and the accompanying “reasonable certainty” standard set forth in Nautilus, Inc. v. Biosig Instruments Inc., 134 S. Ct. 2120 (2014).

Counsel of record

For petitioner
Caryn Carson Borg-Breen
Green, Griffith & Borg-Breen, LLP

For respondent
John Christopher Rozendaal
Sterne, Kessler, Goldstein & Fox P.L.L.C.

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Nov 02 2020
    Petition DENIED. Justice Barrett took no part in the consideration or decision of this petition.
  2. Oct 22 2020
    Reply of petitioners Hznp Finance Limited, et al. filed. (Distributed)
  3. Oct 14 2020
    DISTRIBUTED for Conference of 10/30/2020.
  4. Sep 30 2020
    Brief of respondent Actavis Laboratories UT, Inc. in opposition filed.
  5. Aug 31 2020
    Response Requested. (Due September 30, 2020)
  6. Aug 19 2020
    DISTRIBUTED for Conference of 9/29/2020.
  7. Aug 11 2020
    Waiver of right of respondent Actavis Laboratories UT, Inc. to respond filed.
  8. Jul 24 2020
    Petition for a writ of certiorari filed. (Response due August 28, 2020)