Eli Lilly and Company v. Barr Laboratories Inc. Petition for a writ of certiorari filed

For the second time this year, BIO along with PhRMA filed a petition for a write of certiorari before the Supreme Court. The petition filed on Thursday Eli Lilly and Company v. Barr Laboratories Inc., asks the Supreme Court to address and correct the Federal Circuit’s doctrinal pronouncements on double patenting. It is our position in the petition that the decision of the Federal Circuit in this case will lead to severe and undesirable changes to practice before the PTO because it articulates a new rule for evaluating non-statutory double patenting which is a significant departure from established law.