This morning the Federal Circuit issued three precedential opinions: one in a government contracts case, one in a takings case, and one in a tax case. The court also issued one precedential order in a government contracts case, as well as two nonprecedential opinions: one in a Merit Systems Protection Board case and one in a patent case. Here are the introductions to the opinions and text from the order.
Here is an update on recent en banc activity at the Federal Circuit. Highlights include new petitions filed in five cases raising questions related to claim construction, prevailing party status, assignor estoppel, forum selection clauses, and injunctive relief. In addition, a new amicus brief was filed in two cases raising questions related to patent eligibility. Here are the details.
Two cases that attracted amicus briefs are being argued on Monday, June 8. The cases are related. Takeda Pharmaceuticals U.S.A brought separate breach of contract and patent infringement claims against two different alleged infringers, Mylan Pharmaceuticals Inc. and Alkem Laboratories Limited. In both cases, Takeda appeals the district court’s denial of its motions for preliminary injunctions. Takeda argues that license agreements between Takeda and the accused infringers do not allow for the production of generic versions of Takeda’s patented product at this time. Here is our argument preview.
Last week, the Federal Circuit issued a Notice Concerning the Conducting and Scheduling of Oral Argument. In it, the court announced that it has suspended all in-person arguments until further notice. In addition, the court announced that cases set for argument after the June 2020 session will be argued telephonically unless otherwise notified by a separate order that oral argument is unnecessary. The court also issued an order on point.