Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:

  • an article discussing the long-term impact of the Federal Circuit’s decision concerning two patents covering the drug Eliquis;
  • a report detailing the ITC’s urging of the Federal Circuit to uphold its ruling of infringement of Jeep’s trade dress;
  • an article discussing a recent bid protest in the context of challenging government agency decisions; and
  • a report focusing on a precedential order by the Federal Circuit regarding the PTAB’s conclusion that it is not bound by agreements to arbitrate validity disputes.

Eric Sagonowsky filed an article with Fierce Pharma discussing how “[t]he U.S. Court of Appeals for the Federal Circuit has upheld a prior win for the companies covering two Eliquis patents—the drug’s composition of matter patent and a formulation patent.” Sagonowsky emphasized that, “with a new court win, the partners are set for many more years of exclusivity in the lucrative U.S. market,” and the “extra years of U.S. patent protections will likely mean billions in revenues for the Big Pharma partners.”

Craig Clough reported for Law360 on the details of how “[t]he International Trade Commission has urged the Federal Circuit to uphold the commission’s ruling that Indian automaker Mahindra’s imported Roxor vehicle infringed on the ‘iconic’ trade dress of Fiat Chrysler Automobiles’ Jeep brand, but also that a redesigned Roxor does not infringe.”

Casey McKinnon authored an article for JD Supra explaining how “in a recent bid protest, the protester turned arguments on their head, instead arguing that its proposal was so poor that the Government owed the protester an opportunity to remedy its shortcomings.” McKinnon further noted that, “[w]hile the Federal Circuit’s decision highlights the limits of the discussions process, protesters frequently succeed in challenging an agency’s failure to provide meaningful discussions.”

Perry Cooper reported for Bloomberg Law on this week’s precedential order in which “[t]he U.S. Court of Appeals for the Federal Circuit dismissed four appeals filed by patent holder MaxPower Semiconductor Inc.” Cooper stated that “[t]he Federal Circuit declined to review a dispute over whether the Patent Trial and Appeal Board should have considered an arbitration agreement . . . ruling the board’s institution decisions aren’t appealable.”