No. 22-37
Teva Pharmaceuticals USA, Inc. v. GlaxoSmithKline LLC, et al.
Tags: active-inducement fda-approval generic-drug generic-drugs hatch-waxman-act inducement-doctrine patent-infringement skinny-label
Latest Conference:
2023-05-11
(distributed 3 times)
Question Presented (from Petition)
If a generic drug's FDA-approved label carves out all of the language that the brand manufacturer has identified as covering its patented uses, can the generic manufacturer be held liable on a theory that its label still intentionally encourages infringement of those carved-out uses?
Question Presented (AI Summary)
Whether a generic drug manufacturer can be held liable for inducing infringement of a patent on a use that its FDA-approved label has expressly carved out
Docket Entries
2023-05-15
Petition DENIED. Justice Kavanaugh would grant the petition for a writ of certiorari.
2023-05-08
DISTRIBUTED for Conference of 5/11/2023.
2023-04-12
DISTRIBUTED for Conference of 4/28/2023.
2023-04-11
Supplemental brief of respondents GlaxoSmithKline LLC, et al. filed. (Distributed)
2023-03-29
Brief amicus curiae of United States filed.
2022-10-03
The Solicitor General is invited to file a brief in this case expressing the views of the United States.
2022-09-07
Reply of petitioner Teva Pharmaceuticals USA, Inc. filed. (Distributed)
2022-09-07
DISTRIBUTED for Conference of 9/28/2022.
2022-08-19
Brief of respondents GlaxoSmithKline LLC, et al. in opposition filed.
2022-08-12
Brief amicus curiae of Association for Accessible Medicines filed.
2022-08-12
Brief amicus curiae of Mylan Pharmaceuticals Inc. filed.
2022-08-12
Brief amicus curiae of Alvotech filed.
2022-08-10
Brief amici curiae of 42 Professors of Law, Economics, Business, and Medicine filed.
2022-07-26
Motion to extend the time to file a response is granted and the time is extended to and including September 12, 2022.
2022-07-25
Motion to extend the time to file a response from August 12, 2022 to September 12, 2022, submitted to The Clerk.
2022-07-11
Petition for a writ of certiorari filed. (Response due August 12, 2022)
2022-05-03
Application (21A677) granted by The Chief Justice extending the time to file until July 11, 2022.
2022-04-29
Application (21A677) to extend the time to file a petition for a writ of certiorari from May 12, 2022 to July 11, 2022, submitted to The Chief Justice.
Attorneys
42 Professors of Law, Economics, Business, and Medicine
Charles Duan — Amicus
Alvotech
Jonathan Yates Ellis — McGuireWoods LLP, Amicus
Association for Accessible Medicines
Matthew S. Hellman — Jenner & Block LLP, Amicus
GlaxoSmithKline LLC, et al.
Juanita R. Brooks — Fish & Richardson, Respondent
Mylan Pharmaceuticals Inc.
Teva Pharmaceuticals USA, Inc.
William McGinley Jay — Goodwin Procter, LLP, Petitioner
Jaime Ann Santos — Goodwin Procter LLP, Petitioner
United States
Elizabeth B. Prelogar — Solicitor General, Amicus