No. 19-1058
Hospira, Inc. v. Eli Lilly and Company
Amici (1)
Experienced Counsel
Tags: claim-drafting claim-narrowing doctrine-of-equivalents literal-infringement patent-claim-interpretation patent-claims patent-prosecution-estoppel patent-prosecution-history-estoppel patent-scope prior-art-rejection tangential-relation tangential-relation-exception
Latest Conference:
2020-06-11
Related Cases:
19-1061
(Vide)
Question Presented (from Petition)
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.
Question Presented (AI Summary)
Whether a patentee may recapture subject matter via the doctrine of equivalents under the 'tangential relation' exception
Docket Entries
2020-06-15
Petition DENIED.
2020-05-26
DISTRIBUTED for Conference of 6/11/2020.
2020-05-26
Reply of petitioner Hospira, Inc. filed. (Distributed)
2020-05-01
Motion of petitioner to delay distribution of the petition for a writ of certiorari under Rule 15.5 from May 12, 2020 to May 26, 2020, submitted to The Clerk.
2020-05-01
Motion to delay distribution of the petition for a writ certiorari until May 26, 2020, granted.
2020-03-26
Brief amicus curiae of America's Health Insurance Plans filed.
2020-03-11
Motion to extend the time to file a response is granted and the time is extended to and including April 27, 2020.
2020-03-10
Motion to extend the time to file a response from March 27, 2020 to April 27, 2020, submitted to The Clerk.
2020-02-24
Petition for a writ of certiorari filed. (Response due March 27, 2020)
2020-01-28
Application (19A841) granted by The Chief Justice extending the time to file until February 24, 2020.
2020-01-24
Application (19A841) to extend the time to file a petition for a writ of certiorari from February 6, 2020 to February 24, 2020, submitted to The Chief Justice.
Attorneys
America's Health Insurance Plans
Eli Lilly and Company
Adam Lawrence Perlman — Latham& Watkins LLP, Respondent
Hospira, Inc.
Adam G. Unikowsky — Jenner & Block LLP, Petitioner
R Street Institute
Charles Duan — R Street Institute, Amicus