No. 18-1418

Senju Pharmaceutical Co., Ltd., et al. v. Akorn, Inc.

Lower Court: Federal Circuit
Docketed: 2019-05-13
Status: Denied
Type: Paid
Experienced Counsel
Tags: 35-usc-144 federal-circuit mandate non-obviousness obviousness-standard opinion patent-appeal patent-appeals patent-law patent-trial-and-appeal-board rule-36 statutory-interpretation
Key Terms:
ERISA Patent Trademark Copyright Privacy
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Whether 35 U.S.C. § 144's directive that the Federal Circuit shall issue ... its mandate and opinion' in all appeals from the Patent and Trademark Office precludes the Federal Circuit from resolving such appeals through a Rule 36 judgment of affirmance without opinion

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether 35 U.S.C. § 144’s directive that the Federal Circuit “shall issue ... its mandate and opinion” in all appeals from the Patent and Trademark Office precludes the Federal Circuit from resolving such appeals through a Rule 36 judgment of affirmance without opinion. 2. Whether, under this Court’s decisions in Graham v. John Deere Co., 383 U.S. 1 (1966), and KSR International Co. v. Teleflex Inc., 550 U.S. 398 (2007), the Patent Trial and Appeal Board must consider all relevant evidence, including any objective indicia of non-obviousness, when assessing whether a patent is invalid under 35 U.S.C. § 103.

Docket Entries

2019-10-07
Petition DENIED.
2019-06-26
DISTRIBUTED for Conference of 10/1/2019.
2019-05-10
Petition for a writ of certiorari filed. (Response due June 12, 2019)
2019-03-26
Application (18A892) granted by The Chief Justice extending the time to file until May 10, 2019.
2019-03-22
Application (18A892) to extend further the time from April 10, 2019 to May 10, 2019, submitted to The Chief Justice.
2019-03-04
Application (18A892) granted by The Chief Justice extending the time to file until April 10, 2019.
2019-02-28
Application (18A892) to extend the time to file a petition for a writ of certiorari from March 11, 2019 to April 10, 2019, submitted to The Chief Justice.

Attorneys

Senju Pharmaceutical Co., Ltd. and Mitsubishi Chemical Corporation
Anton MetlitskyO'Melveny & Myers, LLP, Petitioner
Anton MetlitskyO'Melveny & Myers, LLP, Petitioner