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Dr. Reddy’s Laboratories, Ltd. v. Eli Lilly and Company

 
DOCKET NO.
19-1061
OP. BELOW
Fed. Cir.
SUBJECT
Patent

Question(s) Presented

“Under Festo’s ‘tangential’ exception to prosecution history estoppel, patent owners may recapture subject matter they could have claimed in prosecution but did not, by arguing that they surrendered more than they needed to during prosecution to address a rejection by the Patent Office.”

Posts About this Case

Date
Proceedings and Orders
January 22, 2020
Application (19A818) to extend the time to file a petition for a writ of certiorari from February 6, 2020 to February 24, 2020, submitted to The Chief Justice.
January 24, 2020
Application (19A818) granted by The Chief Justice extending the time to file until February 24, 2020.
February 24, 2020
Petition for a writ of certiorari filed. (Response due March 27, 2020)
March 10, 2020
Motion of Eli Lilly & Company for an extension of time submitted.
March 11, 2020
Motion to extend the time to file a response is granted and the time is extended to and including April 27, 2020.
March 26, 2020
Amicus brief of America's Health Insurance Plans submitted.
March 26, 2020
Amicus brief of R Street Institute submitted.
March 27, 2020
Brief amicus curiae of Association for Accessible Medicines filed.
April 27, 2020
Brief of Eli Lilly & Company in opposition submitted.
April 30, 2020
to delay distribution of the petition for a writ of certiorari under Rule 15.5 from May 12, 2020 to May 26, 2020 of Dr. Reddy's Laboratories, Ltd., et al. submitted.
May 1, 2020
Motion to delay distribution of the petition for a writ certiorari until May 26, 2020, granted.
May 26, 2020
DISTRIBUTED for Conference of 6/11/2020.
May 26, 2020
Reply of Dr. Reddy's Laboratories, Ltd., et al. submitted.
June 15, 2020
Petition DENIED.