Supreme Court of the United States · Official docket →
Novartis Pharmaceuticals Corporation v. HEC Pharm Co., Ltd., et al.
Paid petition · United States Court of Appeals for the Federal Circuit, No. 2021-1070 · judgment June 21, 2022
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.
Questions presented
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Whether 28 U.S.C. § 46 and principles of sound judicial administration preclude a court of appeals from adding a new judge to form a new panel and redecide a case after an original three-judge panel has already decided the case and entered its judgment.
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Whether 35 U.S.C. § 112 should be interpreted consistent with its plain text as requiring that a patent specification contain a “written description of the invention” in a form that need only be understandable to “any person skilled in the art,” or whether the court of appeals properly read in a heightened requirement that allows it to deem the specification inadequate on de novo review and displaces the perspective of a person skilled in the art.
Counsel of record
For petitioner
Deanne Elizabeth Maynard
Morrison & Foerster LLP
For respondent
Peter K. Stris
Stris and Maher LLP
Proceedings
- Apr 17 2023Petition DENIED.
- Mar 22 2023DISTRIBUTED for Conference of 4/14/2023.
- Mar 21 2023Reply of petitioner Novartis Pharmaceuticals Corporation filed. (Distributed)
- Mar 03 2023Brief of respondent HEC Pharm Co., Ltd., HEC Pharm USA Inc. in opposition filed.
- Feb 21 2023Brief amici curiae of Intellectual Property Professors filed.
- Feb 21 2023Brief amici curiae of Retired United States Circuit Judges filed.
- Feb 21 2023Brief amici curiae of Law Professors and Civil Procedure Scholars filed.
- Feb 01 2023Motion to extend the time to file a response is granted and the time is extended to and including March 3, 2023.
- Jan 30 2023Motion to extend the time to file a response from February 21, 2023 to March 3, 2023, submitted to The Clerk.
- Jan 18 2023Petition for a writ of certiorari filed. (Response due February 21, 2023)
- Dec 08 2022Application (22A507) granted by The Chief Justice extending the time to file until January 18, 2023.
- Dec 06 2022Application (22A507) to extend the time to file a petition for a writ of certiorari from December 19, 2022 to January 18, 2023, submitted to The Chief Justice.