Novartis Pharmaceuticals Corporation v. HEC Pharm Co.


Question(s) Presented

1. “Whether 28 U.S.C. § 46 and principles of sound judicial administration preclude a court of appeals from adding a new judge to form a new panel and redecide a case after an original three-judge panel has already decided the case and entered its judgment.”

2. “Whether 35 U.S.C. § 112 should be interpreted consistent with its plain text as requiring that a patent specification contain a ‘written description of the invention’ in a form that need only be understandable to ‘any person skilled in the art,’ or whether the court of appeals properly read in a heightened requirement that allows it to deem the specification inadequate on de novo review and displaces the perspective of a person skilled in the art.”

Posts About this Case

Proceedings and Orders
December 8, 2022
Application (22A507) granted by The Chief Justice extending the time to file until January 18, 2023.
February 1, 2023
Motion to extend the time to file a response is granted and the time is extended to and including March 3, 2023.
March 22, 2023
DISTRIBUTED for Conference of 4/14/2023.
April 17, 2023
Petition DENIED.