Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:
- an article predicting that Howard Lutnick will “soon be confirmed by the Senate to be the next Secretary of Commerce”;
- a piece discussing how several companies filed an amicus brief challenging jury instructions in a Texas case, telling the Federal Circuit the instructions “‘lower the standard for patent eligibility'”;
- a blog post analyzing how the Federal Circuit “has reversed a controversial . . . decision that had invalidated composition of matter claims as abstract ideas”; and
- a report covering how “MSN Laboratories Pvt. Ltd. urged the Federal Circuit to reconsider a three-judge panel’s January ruling that revived a patent for Novartis AG’s blockbuster heart-disease drug Entresto.”
Gene Quinn authored an article for IP Watchdog predicting that Howard Lutnick will “soon be confirmed by the Senate to be the next Secretary of Commerce.” Quinn said the U.S. Patent and Trademark Office “executive team is filling up with familiar leaders who are expected to be supportive of a pro-patent agenda, which is consistent with the ideological and philosophical preferences of incoming Secretary Lutnick.”
Theresa Schliep wrote a piece for Law 360 discussing how several companies filed an amicus brief challenging jury instructions in a Texas case, telling the Federal Circuit the instructions “‘lower the standard for patent eligibility.'” Schliep explained how the brief argues the instructions “permit a jury to uphold claims where their only inventiveness lies in the patent ineligible subject matter.”
Dennis Crouch penned a blog post for PatentlyO analyzing how the Federal Circuit “has reversed a controversial . . . decision that had invalidated composition of matter claims as abstract ideas.” Crouch suggested the case “marks an important limitation on the seemingly ever-expanding realm of patent ineligibility under Section 101.” For more information, read the opinion in US Synthetic Corp. v. International Trade Commission.
Christopher Yasiejko filed a report for Bloomberg Law covering how “MSN Laboratories Pvt. Ltd. urged the Federal Circuit to reconsider a three-judge panel’s January ruling that revived a patent for Novartis AG’s blockbuster heart-disease drug Entresto.” Yasjieko pointed out how the Federal Circuit’s prior decision “prompted a flurry of filings in several venues over the launch timing for MSN’s generic.” For more information, check out our en banc petition case page in Novartis Pharmaceuticals Corp. v. Torrent Pharma Inc.