Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit.
The Supreme Court received petitions for writ of certiorari in (1) Argentum Pharmaceuticals LLC v. Novartis Pharmaceuticals Corporation and (2) Nazir Khan, et al. v. Merit Medical Systems Inc.
Granted Cases
There is no new activity to report.
Petition Cases
New petitions
The Supreme Court received several new petitions for writ of certiorari.
In Argentum Pharmaceuticals LLC v. Novartis Pharmaceuticals Corporation, the petitioner presented the following issues for review:
- “Did the Federal Circuit categorically and erroneously preclude redress for injured members of joint ventures in the pharmaceutical industry by only recognizing (1) the manufactuing partner in the joint venture, and (2) the partner applying for FDA marketing approval in the joint venture, as having demonstrable injury-in-fact for Article III standing?”
- “Did the Federal Circuit err by rejecting the Leahy-Smith American Invents Act’s statutory estoppel provisions as a basis to demonstrate injury in-fact for Article III standing?”
In Khan v. Merit Medical Systems Inc., the petitioner presented the following issues for review:
- “Whether—in line with holdings from the Second, Third, Fourth, Fifth, Sixth, Eighth, Ninth, and Tenth Circuits—a motion for Rule 11 sanctions may be granted only if the motion is served more than 21 days before filing, as required by Rule 11(c)(2); or whether a Rule 11 motion may instead be granted despite the movants’ failure to serve the motion prior to filing, as the Seventh and Federal Circuits have held.”
New Responses
There is no new activity to report.
New Replies
There is no new activity to report.
Amicus Briefs
There is no new activity to report.