No. 19-1103

INO Therapeutics LLC, et al. v. Praxair Distribution Inc., et al.

Lower Court: Federal Circuit
Docketed: 2020-03-10
Status: Denied
Type: Paid
Response Waived Experienced Counsel
Tags: 35-usc-101 drug-administration due-process eligibility innovation medical-research medical-treatment method-of-treatment patent patent-eligibility patient-outcomes personalized-medicine section-101 selective-treatment
Key Terms:
Patent JusticiabilityDoctri
Latest Conference: 2020-04-03
Question Presented (AI Summary)

Whether a method of treatment that requires doctors to selectively administer a drug to certain patients and not others to enhance patient outcomes is eligible for patent protection under Section 101 of the Patent Act

Question Presented (OCR Extract)

QUESTION PRESENTED Whether a method of treatment that requires doctors to selectively administer a drug to certain patients and not others to enhance patient outcomes is eligible for patent protection under Section 101 of the Patent Act. @

Docket Entries

2020-04-06
Petition DENIED.
2020-03-18
DISTRIBUTED for Conference of 4/3/2020.
2020-03-10
Waiver of right of respondent Praxair Distribution Inc.; Praxair Inc. to respond filed.
2020-03-06
Petition for a writ of certiorari filed. (Response due April 9, 2020)
2020-01-31
Application (19A859) granted by The Chief Justice extending the time to file until March 6, 2020.
2020-01-28
Application (19A859) to extend the time to file a petition for a writ of certiorari from February 17, 2020 to March 6, 2020, submitted to The Chief Justice.

Attorneys

INO Therapeutics LLC, Mallinckrodt Hospital Products Inc., and Mallinckrodt Hospital Products IP Ltd.
Seth P. WaxmanWilmer Cutler Pickering Hale and Dorr LLP, Petitioner
Praxair Distribution Inc.; Praxair Inc.
William Robert PetersonMorgan, Lewis & Bockius LLP, Respondent