Search
Search | Sitemap Contact Sign Up

Baxter Corp. v. Becton, Dickinson & Co.

 
DOCKET NO.
21-819
OP. BELOW
Fed. Cir.
SUBJECT
Patent

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

Date
Proceedings and Orders
November 30, 2021
Petition for a writ of certiorari filed. (Response due January 3, 2022)
December 29, 2021
Waiver of right of respondent Becton, Dickinson and Company to respond filed.
January 5, 2022
DISTRIBUTED for Conference of 1/21/2022.
January 18, 2022
Response Requested. (Due February 17, 2022)
February 4, 2022
Motion to extend the time to file a response from February 17, 2022 to March 18, 2022, submitted to The Clerk.
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.
February 17, 2022
Brief amicus curiae of Saurabh Vishnubhakat filed.
March 18, 2022
Brief of Becton, Dickinson and Company in opposition submitted.
April 5, 2022
Reply of Baxter Corporation Englewood submitted.
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.