Supreme Court of the United States · Official docket →
Apotex Inc., et al. v. Cephalon, Inc., et al.
Paid petition · United States Court of Appeals for the Federal Circuit, No. 2020-2134, 2020-2137 · judgment August 13, 2021
Before the decision, modestly above the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a Federal Circuit decision below, and a business petitioner, and down for a business respondent.
Question presented
Whether claimed inventions involving reformulating and administering an old drug in ways that are no better than prior techniques, and which had been taught and suggested in the prior art, are nevertheless patentable although these formulations and methods were at least “obvious to try” under this Court’s decision in KSR, Int’l v. Teleflex, Inc., merely because the court found that a person of ordinary skill in the art would not have been sufficiently motivated to make and administer the drug in this way.
Counsel of record
For petitioner
Steven Eric Feldman
Hahn Loeser and Parks LLP
For respondent
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Case
Subject area
Economic Activity (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 1 conference
Order
Order list, February 22, 2022 · Certiorari denied
Proceedings
- Feb 22 2022Petition DENIED.
- Feb 02 2022DISTRIBUTED for Conference of 2/18/2022.
- Dec 14 2021Petition for a writ of certiorari filed. (Response due January 18, 2022)