Yesterday, the Federal Circuit granted Teva's petition for en banc rehearing.1 The Court ordered the October 2, 2020 judgment reversing the JMOL and remanding for entry of the jury verdict judgment vacated and the October 2, 2020 opinions withdrawn.2 The panel will rehear the appeals on the merits.3
The en banc oral argument is set for February 23, 2021.4 The Court stated the oral argument will be limited to the following issue raised in Teva's petition for en banc rehearing: "whether there is substantial evidence to support the jury's verdict of induced infringement during the time period from January 8, 2008 through April 30, 2011," finding "all other issues to be sufficiently briefed."5
We will provide an update following the February 23 oral argument. Please contact the authors with any questions and stay tuned for updates regarding this important topic.
1. See Order On Petition For Rehearing at 2, GlaxoSmithKline LLC v. Teva Pharms. USA, Inc., No. 18-1976 (Fed. Cir. Feb. 9, 2021).
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