Know Your En Banc Petition Process—How An En Banc Petition In GlaxoSmithKline v. Teva Led To A New Panel Argument Without Apparent En Banc Action
By EsqSocial Corporation 24/02/21
Although argument week isn’t until next week, the Federal Circuit heard oral argument today in two cases. One was rescheduled from earlier this month for medical reasons. But the other, GlaxoSmithKline LLC v. Teva Pharmaceuticals USA, Inc., No. 18-1976, caught our eye because of how it came about procedurally. (It’s also super interesting substantively, but because we’re procedure nerds, we’re focusing on procedure today.) The case appears to represent the rare situation (first we’ve seen) where...
By: Morrison & Foerster LLP - Federal Circuitry