Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:
- an article about the “effect of American Axle on life sciences patents”;
- another article about how attorneys are “watching the upcoming session to assess whether the justices will develop an appetite for patent law”; and
- a blog post about Arellano v. McDonough, a veterans case argued earlier this week at the Supreme Court.
Laura Smalley wrote an article for IPWatchdogs about the “effect of American Axle on life science patents” after the denial of certiorari by the Supreme Court. Smalley argues that “all of these [life sciences patent] claims depend on the ‘results’ of the operation of ‘natural laws,’” and as a consequence the Federal Circuit’s analysis “jeopardizes broad categories of patent claims.”
Kyle Jahner and Samantha Handler co-authored an article for Bloomberg Law about the potential impact on patent cases of the Supreme Court’s upcoming decision in a copyright case involving the work of Andy Warhol. Jahner and Handler report that “[t]he case tests the boundary at which a new work transforms an old work enough to constitute fair use.” Jahner and Handler maintain the case has attracted the attention of patent attorneys, who are “watching the upcoming session to assess whether the justices will develop an appetite for patent law.”
Yelena Duterte authored a blog post for SCOTUSblog about Arellano v. McDonough. Duterte reported how the case concerns “retroactive disability benefits for veterans who failed to apply for those benefits within the one-year window prescribed by a federal statute.” Duterte explains how “the Supreme Court grappled with three main issues.”