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Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc.

 
DOCKET NO.
13-854
OP. BELOW
Fed. Cir.
OPINION
January 20, 2015
SUBJECT
Patent
AUTHOR
Breyer

Question(s) Presented

“Whether a district court’s factual finding in support of its construction of a patent claim term may be reviewed de novo, as the Federal Circuit requires (and as the panel explicitly did in this case), or only for clear error, as Rule 52(a) requires.”

Holding

“We hold that the appellate court must apply a ‘clear error,’ not a de novo, standard of review.”

Date
Proceedings and Orders
November 4, 2013
Application (13A458) to recall and stay mandate pending the filing and disposition of a petition for a writ of certiorari, submitted to The Chief Justice.
November 5, 2013
Response to the application (13A458) requested by The Chief Justice, due Tuesday, November 12, 2013, by 10 a.m.
November 12, 2013
Response to application from respondent Sandoz, Inc., et al. filed.
November 13, 2013
Reply of applicant Teva Pharmaceuticals USA, Inc., et al. filed.
November 13, 2013
Application (13A458) denied by The Chief Justice.
January 16, 2014
Petition for a writ of certiorari filed. (Response due February 18, 2014)
February 5, 2014
Brief of respondents Sandoz, Inc., et al. in opposition filed.
February 19, 2014
DISTRIBUTED for Conference of March 7, 2014.
February 26, 2014
Reply of petitioners Teva Pharmaceuticals USA, Inc., et al. filed. (Distributed)
March 10, 2014
DISTRIBUTED for Conference of March 21, 2014.
March 24, 2014
DISTRIBUTED for Conference of March 28, 2014.
March 31, 2014
Petition GRANTED.
April 4, 2014
Application (13A1003) to recall and stay the mandate of the United States Court of Appeals for the Federal Circuit pending the sending down of the judgment of this Court, submitted to The Chief Justice.
April 8, 2014
Response to the application (13A1003) to recall and stay the mandate requested by The Chief Justice. The response is due Monday, April 14, 2014, by 5 p.m.
April 14, 2014
Response to application from respondents and motion for leave to file under seal declarations in support of respondents filed.
April 17, 2014
Reply of applicant Teva Pharmaceuticals USA, Inc., et al. filed.
April 18, 2014
Application (13A1003) denied by The Chief Justice. (In Chambers Opinion)
May 5, 2014
The time to file the joint appendix and petitioners' brief on the merits is extended to and including June 13, 2014.
May 5, 2014
The time to file respondents' brief on the merits is extended to and including August 11, 2014.
May 16, 2014
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondents Mylan Pharmaceuticals, Inc., et al.
June 13, 2014
Joint appendix filed. (5 Volumes) (Statement of costs filed.)
June 13, 2014
Brief of petitioners Teva Pharmaceuticals USA, Inc., et al. filed.
June 13, 2014
Motion for leave to file Volume 4 of the joint appendix under seal filed by petitioners Teva Pharmaceuticals USA, Inc., et al.
June 16, 2014
Brief amicus curiae of the United States in support of neither party filed.
June 16, 2014
Brief amicus curiae of Federation Internationale Des Conseils En Propriete Intellectuelle (FICPI) in support of neither party filed.
June 18, 2014
Motion DISTRIBUTED for Conference of September 29, 2014.
June 20, 2014
Brief amici curiae of Professors Peter S. Menell, et al. in support of neither party filed.
June 20, 2014
Brief amicus curiae of Houston Intellectual Property Law Association in support of neither party filed.
June 20, 2014
Brief amicus curiae of American Bar Association in support of neither party filed.
June 20, 2014
Brief amicus curiae of Fresenius Kabi USA, LLC in support of neither party filed.
June 20, 2014
Brief amicus curiae of American Intellectual Property Law Association in support of neither party filed.
June 20, 2014
Brief amicus curiae of Intellectual Property Owners Association in support of neither party filed.
July 9, 2014
Record requested from U.S.C.A. Federal Circuit.
July 18, 2014
SET FOR ARGUMENT ON Wednesday, Octobert 15, 2014
July 21, 2014
Record received from U.S.D.C. Southern District of New York (3 Boxes), the records in this case are SEALED.
July 21, 2014
Record received from U.S.C.A. Federal Circuit. The record is located on PACER, confidential documents are filed electronically.
August 11, 2014
Brief of respondents Sandoz, Inc., et al. filed.
August 14, 2014
CIRCULATED.
August 16, 2014
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
August 18, 2014
Brief amici curiae of Intel Corporation, et al. filed. (Distributed)
August 18, 2014
Brief amici curiae of Google Inc., et al. filed. (Distributed)
September 10, 2014
Reply of petitioners Teva Pharmaceuticals USA, Inc., et al. filed. (Distributed)
October 2, 2014
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
October 2, 2014
Motion for leave to file Volume 4 of the joint appendix under seal GRANTED.
October 15, 2014
Argued. For petitioners: William M. Jay, Washington, D. C. For United States, as amicus curiae: Ginger D. Anders, Assistant to the Solicitor General, Washington, D. C. For respondents: Carter G. Phillips, Washington, D. C.
January 20, 2015
Judgment VACATED and case REMANDED. Breyer, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Kennedy, Ginsburg, Sotomayor, and Kagan, JJ., joined. Thomas, J., filed a dissenting opinion, in which Alito, J., joined.
January 23, 2015
Application (14A792) for issuance of the mandate forthwith, submitted to Justice Breyer.
January 26, 2015
Application (14A792) denied without prejudice by Justice Breyer.
February 18, 2015
JUDGMENT ISSUED.
February 20, 2015
Record returned to U.S.D.C. Southern District of New York. 3 Boxes.