With 80 appearances under his belt, Sidley Austin’s Carter Phillips claims to hold the title for most U.S. Supreme Court arguments by a private lawyer. But he won’t have a chance to argue for Gilead Sciences Inc., after the high court declined to consider whether an appeals panel unfairly left the company at risk of losing nearly two years of patent protection on the much-hyped influenza drug Tamiflu.

The justices rejected Phillips’ cert petition on Monday, refusing to wade into in a patent dispute between Gilead and Natco Pharma Ltd. Natco, an Indian company that is looking to produce a generic version of Tamiflu, initially sought approval for its drug in 2011. Gilead and Hoffmann-La Roche Inc., which sells Tamiflu under a license from Gilead, fired back with patent infringement claims the same year.

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