No. 20-779

Argentum Pharmaceuticals LLC v. Novartis Pharmaceuticals Corporation

Lower Court: Federal Circuit
Docketed: 2020-12-08
Status: Denied
Type: Paid
Amici (1)Response RequestedResponse WaivedRelisted (2)
Tags: administrative-proceeding article-iii-standing article-three-standing fda-approval inter-partes-review joint-venture leahy-smith-america-invents-act patent-challenge patent-validity pharmaceutical-industry pharmaceutical-patent
Latest Conference: 2021-03-19 (distributed 2 times)
Question Presented (from Petition)

Did the Federal Circuit categorically and erroneously preclude redress for injured members of joint ventures in the pharmaceutical industry by only recognizing (1) the manufactuing partner in the joint venture, and (2) the partner applying for FDA marketing approval in the joint venture, as having demonstrable injury-in-fact for Article III standing?

Did the Federal Circuit err by rejecting the Leahy-Smith American Invents Act's statutory estoppel provisions as a basis to demonstrate injury in-fact for Article III standing?

Question Presented (AI Summary)

Did the Federal Circuit categorically and erroneously preclude redress for injured members of joint ventures in the pharmaceutical industry by only recognizing (1) the manufactuing partner in the joint venture, and (2) the partner applying for FDA marketing approval in the joint venture, as having demonstrable injury-in-fact for Article III standing?

Docket Entries

2021-03-22
Petition DENIED.
2021-03-03
DISTRIBUTED for Conference of 3/19/2021.
2021-03-03
Reply of petitioner Argentum Pharmaceuticals LLC filed. (Distributed)
2021-02-16
Brief of respondent Novartis Pharmaceuticals Corporation in opposition filed.
2021-01-14
Response Requested. (Due February 16, 2021)
2021-01-07
Brief amicus curiae of Jonathan Stroud filed. (Distributed)
2021-01-06
DISTRIBUTED for Conference of 1/22/2021.
2020-12-22
Waiver of right of respondent Novartis Pharmaceuticals Corporation to respond filed.
2020-12-04
Petition for a writ of certiorari filed. (Response due January 7, 2021)

Attorneys

Argentum Pharmaceuticals LLC
Teresa Stanek ReaCrowell & Moring LLP, Petitioner
Jonathan Stroud
Jonathan Rudolph Kominek StroudUnified Patents, LLC, Amicus
Novartis Pharmaceuticals Corporation
Mark Andrew PerryGibson Dunn & Crutcher, LLP, Respondent