This week the Federal Circuit will convene ten panels to consider about 50 cases. This month, like last month, the court will hear all of its oral arguments telephonically given the coronavirus pandemic. Moreover, the court will hear fewer oral arguments than normal, with only about 18 cases being argued this month. Of the argued cases, only one case attracted an amicus brief.
Recently the Federal Circuit issued its opinion in Immunex Corp. v. Sandoz Inc., a case we have been tracking because it attracted two amicus briefs. In the opinion, Judges O’Malley and Chen affirm the lower court’s ruling that Sandoz failed to prove that the patents-in-suit were invalid. Judge Reyna filed a dissenting opinion. Here is a summary of the opinion and dissent.
This morning the Federal Circuit issued an announcement reminding the public that its most recent amendments to its Rules go into effect today and apply to all cases filed or pending on or after today. Based on new provisions in the Rules, the Clerk of Court today also issued updated versions of the court’s forms, Electronic Filing Procedures, Guide for Oral Argument, and Guide for Unrepresented Parties. The Clerk also issued two notices, one establishing rates for taxation of costs and another addressing electronic filing for unrepresented parties. Here is the text of this morning’s announcement.
Here is an update on recent en banc activity at the Federal Circuit. Highlights include the filing of the opening brief in National Organization of Veterans Advocates, Inc. v. Secretary of Veterans Affairs, in which the Federal Circuit granted a petition for initial hearing en banc to address two questions related to jurisdiction and veterans law. As for petitions in patent cases, highlights include a new petition raising questions related to restriction requirements and patent term adjustments; a new response to a petition raising questions related to obviousness; a new invitation for a response to a petition raising questions related to injunctive relief; and the denial of three petitions raising questions related to claim construction, prevailing party status, and forum selection clauses. Here are the details.
On Friday, the Federal Circuit and Court of Federal Claims entered a joint order modifying their prior order of March 16, which limited access to the National Courts Building complex. The Federal Circuit also issued an announcement with additional information related to the order. Here are the details.