Hospira, Inc. v. Eli Lilly and Company


Question(s) Presented

“Whether a patentee may recapture subject matter via the doctrine of equivalents under the ‘tangential relation’ exception by arguing that it surrendered more than it needed to during prosecution to avoid a prior art rejection, even if a claim could reasonably have been drafted that would literally have encompassed the alleged equivalent.”

Proceedings and Orders
January 28, 2020
Application (19A841) granted by The Chief Justice extending the time to file until February 24, 2020.
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.
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.
June 15, 2020
Petition DENIED.