Baxter Corp. v. Becton, Dickinson & Co.


Question(s) Presented

“A petitioner may challenge an issued patent in an inter partes review (IPR) before the Patent Trial and Appeal Board, an agency tribunal, but ‘only on the basis of prior art consisting of patents or printed publications.’ 35 U.S.C. § 311(b). The Federal Circuit reviews the Board’s decisions under the standards set out in the Administrative Procedure Act.”

“The questions presented are:”

  1. “Whether the Federal Circuit’s practice of allowing IPR petitioners to rely on evidence other than patents and printed publications, such as expert testimony, to fill in gaps in the prior art violates the plain text of § 311(b).”
  2. “Whether the Federal Circuit’s practice of resolving contested issues of patentability on appeal from Board decisions—rather than remanding those issues for the agency to decide in the first instance— violates the ‘ordinary remand rule.’”

Posts About this Case

Proceedings and Orders
January 5, 2022
DISTRIBUTED for Conference of 1/21/2022.
January 18, 2022
Response Requested. (Due February 17, 2022)
February 7, 2022
Motion to extend the time to file a response is granted and the time is extended to and including March 18, 2022.
April 6, 2022
DISTRIBUTED for Conference of 4/22/2022.
April 25, 2022
Petition DENIED. Justice Alito took no part in the consideration or decision of this petition.