No. 23-768
Vanda Pharmaceuticals Inc. v. Teva Pharmaceuticals USA, Inc., et al.
Tags: federal-circuit innovation-standard ksr-international-co-v-teleflex KSR-precedent obviousness obviousness-standard patent patent-law predictable-results reasonable-expectation-of-success
Latest Conference:
2024-04-19
(distributed 2 times)
Question Presented (from Petition)
Whether obviousness requires a showing of "predictable" results, as this Court held in KSR, or a mere "reasonable expectation of success," as the Federal Circuit has held both before and after KSR?
Question Presented (AI Summary)
Whether obviousness requires a showing of 'predictable' results, as this Court held in KSR, or a mere 'reasonable expectation of success,' as the Federal Circuit has held both before and after KSR?
Docket Entries
2024-04-22
Petition DENIED.
2024-04-03
DISTRIBUTED for Conference of 4/19/2024.
2024-04-02
Reply of petitioner Vanda Pharmaceuticals Inc. filed. (Distributed)
2024-03-18
Brief of respondent Teva Pharmaceuticals USA, Inc. in opposition filed.
2024-02-16
Brief amici curiae of Professor Christopher M. Turoski and The National Association of Patent Practitioners filed.
2024-02-15
Response Requested. (Due March 18, 2024)
2024-02-14
Brief amici curiae of American Council of the Blind, Blinded Veterans Association, and PRISMS filed.
2024-02-07
DISTRIBUTED for Conference of 2/23/2024.
2024-02-07
Brief amici curiae of Salix Pharmaceuticals, Inc. and Ocular Therapeutix, Inc. filed. (Distributed)
2024-01-31
Waiver of right of respondent Teva Pharmaceuticals USA, Inc. to respond filed.
2024-01-31
Waiver of right of respondents Apotex Inc. and Apotex Corp. to respond filed.
2024-01-12
Petition for a writ of certiorari filed. (Response due February 16, 2024)
2023-10-18
Application (23A344) granted by The Chief Justice extending the time to file until January 12, 2024.
2023-10-13
Application (23A344) to extend the time to file a petition for a writ of certiorari from November 14, 2023 to January 12, 2024, submitted to The Chief Justice.
Attorneys
American Council of the Blind, Blinded Veterans Association, and PRISMS
Apotex Inc. and Apotex Corp.
Aaron Scott Lukas — Cozen O'Connor, Respondent
Professor Christopher M. Turoski and The National Association of Patent Practitioners
Ryan C. Morris — Workman Nydegger, Amicus
Salix Pharmaceuticals, Inc. and Ocular Therapeutix, Inc.
Teva Pharmaceuticals USA, Inc.
Vanda Pharmaceuticals Inc.
Paul Whitfield Hughes — McDermott Will & Emery, Petitioner