No. 22-671

Novartis Pharmaceuticals Corporation v. HEC Pharm Co., Ltd., et al.

Lower Court: Federal Circuit
Docketed: 2023-01-20
Status: Denied
Type: Paid
Amici (3) Experienced Counsel
Tags: 28-usc-46 appellate-procedure case-law judicial-administration judicial-review panel-composition patent-law statutory-interpretation written-description
Key Terms:
Patent JusticiabilityDoctri
Latest Conference: 2023-04-14
Question Presented (AI Summary)

Whether 28 U.S.C. §46 and principles of sound judicial administration preclude a court of appeals from adding a new judge to form a new panel and redecide a case after an original three-judge panel has already decided the case and entered its judgment

Question Presented (from Petition)

QUESTIONS PRESENTED 1. Whether 28 U.S.C. §46 and principles of sound judicial administration preclude a court of appeals from adding a new judge to form a new panel and redecide a case after an original three-judge panel has already decided the case and entered its judgment. 2. Whether 35 U.S.C. § 112 should be interpreted consistent with its plain text as requiring that a patent specification contain a “written description of the invention” in a form that need only be understandable to “any person skilled in the art,” or whether the court of appeals properly read in a heightened requirement that allows it to deem the specification inadequate on de novo review and displaces the perspective of a person skilled in the art.

Docket Entries

2023-04-17
Petition DENIED.
2023-03-22
DISTRIBUTED for Conference of 4/14/2023.
2023-03-21
Reply of petitioner Novartis Pharmaceuticals Corporation filed. (Distributed)
2023-03-03
Brief of respondent HEC Pharm Co., Ltd., HEC Pharm USA Inc. in opposition filed.
2023-02-21
2023-02-21
2023-02-21
Brief amici curiae of Law Professors and Civil Procedure Scholars filed.
2023-02-01
Motion to extend the time to file a response is granted and the time is extended to and including March 3, 2023.
2023-01-30
Motion to extend the time to file a response from February 21, 2023 to March 3, 2023, submitted to The Clerk.
2023-01-18
Petition for a writ of certiorari filed. (Response due February 21, 2023)
2022-12-08
Application (22A507) granted by The Chief Justice extending the time to file until January 18, 2023.
2022-12-06
Application (22A507) to extend the time to file a petition for a writ of certiorari from December 19, 2022 to January 18, 2023, submitted to The Chief Justice.

Attorneys

HEC Pharm Co., Ltd., HEC Pharm USA Inc.
Peter K. StrisStris and Maher LLP, Respondent
Peter K. StrisStris and Maher LLP, Respondent
Intellectual Property Professors
Dominick A. CondeVenable LLP, Amicus
Dominick A. CondeVenable LLP, Amicus
Law Professors and Civil Procedure Scholars
Sean M. SeLegueArnold & Porter Kaye Scholer LLP, Amicus
Sean M. SeLegueArnold & Porter Kaye Scholer LLP, Amicus
Novartis Pharmaceuticals Corporation
Deanne Elizabeth MaynardMorrison & Foerster LLP, Petitioner
Deanne Elizabeth MaynardMorrison & Foerster LLP, Petitioner
Retired United States Circuit Judges
Kevin Spencer EllikerHunton Andrews Kurth LLP, Amicus
Kevin Spencer EllikerHunton Andrews Kurth LLP, Amicus