Here is an update on recent en banc activity at the Federal Circuit. The court received a response to a petition raising questions related to transfer of venue in a patent case, an amicus brief in the same case, and eight amicus briefs in another case with a petition raising questions related to inducement of patent infringement in the context of Hatch-Waxman. Here are the details.
New Response
In In re Apple, Inc., Apple filed its response to Uniloc 2017’s petition for en banc review. In the petition, Uniloc argued that the panel majority “exceeded its authority to review transfer denials with deference” in the context of mandamus petitions for venue transfer due to convenience. In response, Apple now argues that “Uniloc seeks a remedy [the] Court cannot provide,” since the panel adhered to the en banc precedent of the regional circuit.
New Amicus Briefs
The court received an amicus brief in In re Apple, Inc. from US Inventor, Inc. in support of en banc rehearing. In the brief, US Inventor notes that as a result of the court’s jurisprudence around venue transfers, “mandamus petition practice has exploded,” “eroding the deference afforded to district courts.”
The court also received eight new amicus briefs in GlaxoSmithKline LLC v. Teva Pharmaceutical USA, Inc., a case involving inducement of patent infringement in the context of Hatch-Waxman. Notably, one of the amicus briefs was filed by former Congressman Henry A. Waxman, a co-sponsor of the Hatch-Waxman Act. Here is a list with links to the amicus briefs:
- Brief of Amicus Curiae Apotex Inc. in Support of Defendant – Cross-Appellant’s Petition for Rehearing En Banc
- Brief of Amicus Curiae The R Street Institute in Support of Defendant-Cross-Appellant and in Favor of Rehearing En Banc
- Brief for the Association for Accessible Medicines as Amicus Curiae in Support of Rehearing En Banc
- Corrected Brief of Amici Curiae Knowledge Ecology International and James Packard Love in Support of Defendant-Cross-Appellant’s Petition for Rehearing En Banc
- Corrected Brief of Amici Curiae Fifty-Seven Law, Economics, Business, Health, and Medicine Professors in Support of Cross-Appellant’s Petition for Rehearing En Banc
- Brief of Amicus Curiae Former Congressman Henry A. Waxman in Support of Petition for Rehearing En Banc [Corrected]
- Brief for Mylan Pharmaceuticals Inc. as Amicus Curiae in Support of Defendant-Cross-Appellant’s Petition for Rehearing En Banc
- Brief of Amici Curiae Novartis Pharmaceuticals Corporation and Sandoz Inc. in Support of Rehearing En Banc