News

CAFC Denies Amgen Petition to Reconsider Enablement Test for Biotech Patents – In an article on IPWatchDog, Logan Murr reports on the Federal Circuit’s denial of an en banc petition raising questions related to enablement filed by filed by Amgen Inc. in their case against Sanofi, Aventisub LLC. 

AWS Urges Supreme Court to Reject Oracle JEDI Review Petition – John Hewitt Jones writes for FedScoop.com about how “Amazon Web Services has filed a brief with the U.S. Supreme Court urging it to reject an earlier petition by Oracle to renew its challenge to the Pentagon’s $10 billion Joint Enterprise Defense Infrastructure (JEDI) contract.”

Federal Circuit Affirms Board Decision on Pandemic-Related Claim – On GovernmentContractsLegalForum.com, Steve McBrady, Charles Baek, Michelle Coleman, Rob Sneckenberg, John Nakoneczny, and Catherine Shames explain how the Federal Circuit “recently affirmed the Civilian Board of Contract Appeals’ (CBCA) decision denying a pandemic-related claim in Pernix Serka Joint Venture v. Secretary of State.”

Supreme Court Declines to Hear Cost Sharing Reduction Case – Susan Morse comments on HealthCareFinanceNews.com about how the Supreme Court will not hear a case decided by the Federal Circuit “regarding unpaid cost-sharing reduction payments to insurers.”

CAFC Denies Amgen Petition to Reconsider Enablement Test for Biotech Patents

Reported by Logan Murr on IPWatchDog.com

Logan Murr posts on IPWatchDog.com about Amgen Inc. v. Sanofi, Aventisub LLC, where, he explains, the Federal Circuit “recognized that one may reasonably ask why enablement is a question of law when written description, which goes hand in hand with enablement, is not.” Murr states that the court held that “they are bound by their precedent and declined ‘to recommend to the court that it go en banc to overrule longtime precedents simply because a party has questioned it.”

AWS Urges Supreme Court to Reject Oracle JEDI Review Petition

Reported by John Hewitt Jones on FedScoop.com

On FedScoop.com, John Hewitt Jones explains how, in January, Oracle had sought Supreme Court review of the Federal Circuit’s “decision to uphold lower court rulings, which found it didn’t meet basic security requirements necessary to be considered for [a government] contract.” Hewitt notes that, in a “filing on June 18, [Amazon Web Services] says Oracle’s case should not be heard because it relies on the contention that personal conflicts of interest with Department of Defense employees affected the outcome of the case.”

Federal Circuit Affirms Board Decision on Pandemic-Related Claim

Reported by by Steve McBrady, Charles Baek, Michelle Coleman, Rob Sneckenberg, John Nakoneczny& Catherine Shames on GovernmentContractsLegalForum.com

In their article on GovernmentContractsLegalForum.com, Steve McBrady, Charles Baek, Michelle Coleman, Rob Sneckenberg, John Nakoneczny, and Catherine Shames discuss Pernix Serka Joint Venture v. Secretary of State, which, they explain, “involved a firm-fixed-price construction contract in Sierra Leone that was impacted by an Ebola outbreak several months into the project.” The authors note that, “on June 9, 2021, the Circuit affirmed the Board’s decision in a one-line summary Rule 36 decision.” They comment that “the summary decision is a reminder to contractors that actions taken in the absence of government direction may potentially be treated as business decisions, even if they were intended to safeguard employee health during a pandemic.”

Supreme Court Declines to Hear Cost Sharing Reduction Case

Reported by Susan Morse on HealthCareFinanceNews.com

On HealthCareFinanceNews.com, Managing Editor Susan Morse writes about how the Supreme Court denied a petition in Maine Community Health Options v. United States “regarding unpaid cost-sharing reduction payments to insurers.” Morse explains that the “lower appeals court decisions stand and insurers will get less reimbursement than what they sought.” Morse notes that “hundreds of millions, if not billions, of federal dollars . . . are owed to insurers.”