Allergan Sales, LLC v. Sandoz, Inc., et al.
AdministrativeLaw Patent
Whether the Federal Circuit may ignore a factual stipulation, contrary to this Court's precedent, and decisions of numerous circuit courts, holding that factual stipulations are binding?
QUESTIONS PRESENTED 1. Whether the Federal Circuit may ignore a factual stipulation, contrary to this Court’s precedent, and decisions of numerous circuit courts, holding that factual stipulations are binding? 2. Whether the Federal Circuit’s finding of noninfringement by ignoring a factual stipulation should, at a minimum, be vacated because it did not mention the stipulation or address Allergan’s arguments that the stipulation was binding, even though it was Allergan’s lead argument on appeal? ii RULES 14.1(b) AND 29.6 STATEMENT All parties are identified in the caption of this petition. Petitioner Allergan Sales, LLC is an indirect subsidiary of Allergan plc.