| No. 13-854 | |
| Title: | Teva Pharmaceuticals USA, Inc., et al., Petitioners v. Sandoz, Inc., et al. |
| Docketed: | January 17, 2014 |
| Linked with 13A458, 13A1003, 14A792 | |
| Lower Ct: | United States Court of Appeals for the Federal Circuit |
| Case Numbers: | (2012-1567, 2012-1568, 2012-1569, 2012-1570) |
| Decision Date: | July 26, 2013 |
| Rehearing Denied: | October 18, 2013 |
| Questions Presented | |
| Date | Proceedings and Orders |
| Nov 04 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. |
| Nov 05 2013 | Response to the application (13A458) requested by The Chief Justice, due Tuesday, November 12, 2013, by 10 a.m. |
| Nov 12 2013 | Response to application from respondent Sandoz, Inc., et al. filed. |
| Nov 13 2013 | Reply of applicant Teva Pharmaceuticals USA, Inc., et al. filed. |
| Nov 13 2013 | Application (13A458) denied by The Chief Justice. |
| Jan 16 2014 | Petition for a writ of certiorari filed. (Response due February 18, 2014) |
| Feb 05 2014 | Brief of respondents Sandoz, Inc., et al. in opposition filed. |
| Feb 19 2014 | DISTRIBUTED for Conference of March 7, 2014. |
| Feb 26 2014 | Reply of petitioners Teva Pharmaceuticals USA, Inc., et al. filed. (Distributed) |
| Mar 10 2014 | DISTRIBUTED for Conference of March 21, 2014. |
| Mar 24 2014 | DISTRIBUTED for Conference of March 28, 2014. |
| Mar 31 2014 | Petition GRANTED. |
| Apr 04 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. |
| Apr 08 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. |
| Apr 14 2014 | Response to application from respondents and motion for leave to file under seal declarations in support of respondents filed. |
| Apr 17 2014 | Reply of applicant Teva Pharmaceuticals USA, Inc., et al. filed. |
| Apr 18 2014 | Application (13A1003) denied by The Chief Justice. (In Chambers Opinion) |
| May 05 2014 | The time to file the joint appendix and petitioners' brief on the merits is extended to and including June 13, 2014. |
| May 05 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. |
| Jun 13 2014 | Joint appendix filed. (5 Volumes) (Statement of costs filed.) |
| Jun 13 2014 | Brief of petitioners Teva Pharmaceuticals USA, Inc., et al. filed. |
| Jun 13 2014 | Motion for leave to file Volume 4 of the joint appendix under seal filed by petitioners Teva Pharmaceuticals USA, Inc., et al. |
| Jun 16 2014 | Brief amicus curiae of the United States in support of neither party filed. |
| Jun 16 2014 | Brief amicus curiae of Federation Internationale Des Conseils En Propriete Intellectuelle (FICPI) in support of neither party filed. |
| Jun 18 2014 | Motion DISTRIBUTED for Conference of September 29, 2014. |
| Jun 20 2014 | Brief amici curiae of Professors Peter S. Menell, et al. in support of neither party filed. |
| Jun 20 2014 | Brief amicus curiae of Houston Intellectual Property Law Association in support of neither party filed. |
| Jun 20 2014 | Brief amicus curiae of American Bar Association in support of neither party filed. |
| Jun 20 2014 | Brief amicus curiae of Fresenius Kabi USA, LLC in support of neither party filed. |
| Jun 20 2014 | Brief amicus curiae of American Intellectual Property Law Association in support of neither party filed. |
| Jun 20 2014 | Brief amicus curiae of Intellectual Property Owners Association in support of neither party filed. |
| Jul 09 2014 | Record requested from U.S.C.A. Federal Circuit. |
| Jul 18 2014 | SET FOR ARGUMENT ON Wednesday, Octobert 15, 2014 |
| Jul 21 2014 | Record received from U.S.D.C. Southern District of New York (3 Boxes), the records in this case are SEALED. |
| Jul 21 2014 | Record received from U.S.C.A. Federal Circuit. The record is located on PACER, confidential documents are filed electronically. |
| Aug 11 2014 | Brief of respondents Sandoz, Inc., et al. filed. |
| Aug 14 2014 | CIRCULATED. |
| Aug 16 2014 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| Aug 18 2014 | Brief amici curiae of Intel Corporation, et al. filed. (Distributed) |
| Aug 18 2014 | Brief amici curiae of Google Inc., et al. filed. (Distributed) |
| Sep 10 2014 | Reply of petitioners Teva Pharmaceuticals USA, Inc., et al. filed. (Distributed) |
| Oct 02 2014 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| Oct 02 2014 | Motion for leave to file Volume 4 of the joint appendix under seal GRANTED. |
| Oct 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. |
| Jan 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. |
| Jan 23 2015 | Application (14A792) for issuance of the mandate forthwith, submitted to Justice Breyer. |
| Jan 26 2015 | Application (14A792) denied without prejudice by Justice Breyer. |
| Feb 18 2015 | JUDGMENT ISSUED. |
| Feb 20 2015 | Record returned to U.S.D.C. Southern District of New York. 3 Boxes. |
| NAME | ADDRESS | PHONE |
| Attorneys for Petitioners | ||
| William M. Jay Counsel of Record | Goodwin Procter LLP 901 New York Avenue, N.W. Washington, DC 20001 wjay@goodwinlaw.com | (202) 346-4000 |
| Party name: Teva Pharmaceuticals USA, Inc., et al. | ||
| Attorneys for Respondents | ||
| Deanne E. Maynard Counsel of Record | Morrison & Foerster LLP 2000 Pennsylvania Avenue, N.W. Washington, DC 20006 DMaynard@mofo.com | (202) 887-8740 |
| Party name: Sandoz, Inc., et al. | ||
| Carter G. Phillips Counsel of Record | Sidley Austin LLP 1501 K Street, N.W. Washington, DC 20005 cphillips@sidley.com | (202) 736-8000 |
| Party name: Mylan Pharmaceuticals Inc., et al. | ||
| Eric D. Miller | Perkins Coie, LLP 1201 Third Ave., Suite 4900 Seattle, WA 98101 emiller@perkinscoie.com | (206) 359-8000 |
| Party name: Mylan Pharmaceuticals Inc., et al. | ||
| Other | ||
| Ginger D. Anders | Assistant to the Solicitor General Solicitor General's Office Department of Justice Washington, , DC 20530 | |
| Party name: United States | ||
| Paul H. Berghoff | McDonnell Boehnen Hulbert & Berghoff LLP 300 South Wacker Drive Chicago, IL 60606 berghoff@mbhb.com | (312) 913-0001 |
| Party name: Intellectual Property Owners Association in support of neither party | ||
| Peter Joseph Corcoran III. | Corcoran IP Law, PLLC 2019 Richmond Road, Suite 380 Texarkana, TX 75503 peter@corcoranip.com | (903) 701-2481 |
| Party name: Houston Intellectual Property Law Association in support of neither party | ||
| James D. Crowne | Director of Legal Affairs American Intellectual Property Law Association 241 18th Street South, Suite 700 Arlington, VA 22202 jcrowne@aipla.org | (703)-412-4353 |
| Party name: The American Intellectual Property Law Association in support of neither part | ||
| Thomas G. Hungar | Gibson, Dunn & Crutcher LLP 1050 Connecticut Ave, N.W. Washington, DC 20036 thungar@gibsondunn.com | (202) 955-8500 |
| Party name: Intel Corporation, et al. | ||
| Daryl L. Joseffer | King & Spalding LLP 1700 Pennsylvania Avenue, N.W. Washington, DC 20006 djoseffer@kslaw.com | (202) 737-0500 |
| Party name: Google Inc., et al. | ||
| Peter S. Menell | Koret Professor of Law and Director Berkeley Center for Law & Technology UC Berkeley School of Law Boalt Hall Berkeley, CA 94720 pmenell@law.berkeley.edu | (510) 642-5489 |
| Party name: Professors Peter S. Menell, et al. in support of neither party | ||
| James R. Silkenat | President American Bar Association 321 N. Clark Street Chicago, IL 60610 abapresident@americanbar.org | (312) 988-5000 |
| Party name: American Bar Association in support of neither party | ||
| Lawrence M. Sung | Wiley Rein LLP 1776 K Street, NW Washington, DC 20006 LSung@ wileyrein.com | (202) 719-7000 |
| Party name: Fresenius Kabi USA, LLC in support of neither party | ||
| Donald B. Verrilli Jr. | Solicitor General United States Department of Justice 950 Pennsylvania Avenue, N.W. Washington, DC 20530-0001 SupremeCtBriefs@USDOJ.gov | (202) 514-2217 |
| Party name: the United States in support of neither party | ||
| Maxim H. Waldbaum | Eaton & Van Winkle 3 Park Ave. New York, NY 10016 mwaldbaum@evw.com | (212) 779-9910 |
| Party name: Federation Internationale Des Conseils En Propriete Intellectuelle (FICPI) in support of neither party | ||