This morning the Federal Circuit issued a precedential opinion in a patent case. In the opinion, the court explains why it reversed a district court’s denial of a motion for a preliminary injunction and remanded the case for entry of the preliminary injunction. The Federal Circuit also issued a nonprecedential opinion in a patent case. This opinion addresses the court’s appellate jurisdiction, concluding that the appropriate venue for the appeal is the Ninth Circuit. The Federal Circuit released an accompanying nonprecedential order transferring the appeal. Finally, the court issued two Rule 36 Judgments. Here are the introductions and links to the opinions and orders.

Nippon Shinyaku Co. v. Sarepta Therapeutics, Inc. (Precedential)

Nippon Shinyaku Co., Ltd. (“Nippon Shinyaku”) appeals from the decision of the United States District Court for the District of Delaware denying its motion for a preliminary injunction. See Nippon Shinyaku Co.v. Sarepta Therapeutics, Inc., No. 21-cv-1015, 2021 WL 4989489 (D. Del. Oct. 25, 2021) (“Decision”); see also J.A. 5–6. For the reasons provided below, we reverse the decision of the district court, and remand for entry of a preliminary injunction.

Sgromo v. Scott (Nonprecedential)

Pietro Pasquale-Antoni Sgromo initiated an arbitration action against Leonard Gregory Scott asserting ownership of two patents, among other claims. In a separate interpleader action, the U.S. District Court for the Northern District of California determined that Mr. Sgromo did not own the patents. The arbitrator subsequently issued an arbitration award in favor of Mr. Scott. Mr. Scott filed a petition to confirm that award in the district court. Mr. Sgromo filed a cross-petition seeking vacatur of the award. The district court granted Mr. Scott’s petition and denied Mr. Sgromo’s cross-petition. Mr. Sgromo now appeals to this court. We do not have subject matter jurisdiction because this case does not arise under federal patent law. Pursuant to 28 U.S.C. § 1631, we transfer this appeal to the U.S. Court of Appeals for the Ninth Circuit where appellate jurisdiction is proper.

Sgromo v. Scott (Nonprecedential Order)

Upon consideration of the court’s opinion that this appeal be transferred to the U.S. Court of Appeals for the Ninth Circuit,


The appeal is transferred to the Ninth Circuit pursuant to 28 U.S.C. § 1631.

Rule 36 Judgments: