No. 18-21
Allergan Sales, LLC v. Sandoz, Inc., et al.
Response Waived
Tags: appellate-review circuit-court-precedent circuit-courts civil-procedure due-process factual-stipulation federal-circuit judicial-procedure legal-binding noninfringement patent-infringement precedent stipulation
Key Terms:
AdministrativeLaw Patent
AdministrativeLaw Patent
Latest Conference:
2018-09-24
Question Presented (from Petition)
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?
Question Presented (AI Summary)
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?
Docket Entries
2018-10-01
Petition DENIED.
2018-08-08
DISTRIBUTED for Conference of 9/24/2018.
2018-08-02
Waiver of right of respondents Sandoz Inc., Alcon Laboratories, Inc., and Alcon Research, Ltd. to respond filed.
2018-06-29
Petition for a writ of certiorari filed. (Response due August 2, 2018)
2018-06-22
Application (17A1391) granted by The Chief Justice extending the time to file until June 29, 2018.
2018-06-20
Application (17A1391) to extend the time to file a petition for a writ of certiorari from June 26, 2018 to July 26, 2018, submitted to The Chief Justice.
Attorneys
Allergan Sales, LLC
Jonathan E. Singer — Fish & Richardson, P.C., P.A., Petitioner
Sandoz Inc., Alcon Laboratories, Inc., and Alcon Research, Ltd.
John Caviness O'Quinn — Kirkland & Ellis LLP, Respondent