FedCircuitBlog

This morning the Federal Circuit released a precedential opinion in a patent case appealed from the Patent Trial and Appeal Board. In it, the Federal Circuit affirmed the Board’s judgment in an interference proceeding. The Federal Circuit also released a nonprecedential opinion in another patent case appealed from the Patent Trial and Appeal Board. Notably, both patent cases involve the same parties. Finally, the Federal Circuit released three nonprecedential orders dismissing appeals. Here are the introductions to the opinions and links to the dismissals.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, fourteen amicus brief were filed in Amgen Inc. v. Sanofi, Aventisub LLC, a patent case concerning the enablement patentability requirement. With respect to petitions, three new petitions were filed with the Court, one in a veterans case, one in a patent case, and one in a pro se case. Here are the details. 

This morning the Federal Circuit released a precedential opinion in a trade case appealed from the Court of International Trade. In it, the Federal Circuit affirms the Trade Court’s judgment sustaining the Department of Commerce’s final determination in its investigation. Here is the introduction to the opinion.

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:

• an article about pending Supreme Court cases focused on intellectual property; and
• another article about “the five most important developments” in 2022 related to “patents in the pharma and biotech sectors.”

Late yesterday and this morning the Federal Circuit released four nonprecedential orders. Two deny writs of mandamus seeking to direct the District of Delaware to cancel hearings in patent cases concerning (1) disclosure of owners, members, and partners of nongovernmental entities that are parties before the district court and (2) disclosure of certain third-party funding arrangements in litigation before the district court. Two dismiss appeals. Here is text from the orders and links to the dismissals.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received a new petition raising a question related to the attorney-client privilege. The court also denied a petition in a case raising questions related to the standard for claim construction. Here are the details.

This morning the Federal Circuit released a precedential opinion in a government contracts case appealed from the Armed Services Board of Contract Appeals. In it, the Federal Circuit reversed the Board’s rejection of the government’s claim that it was charged unallowable costs. The Federal Circuit also released a nonprecedential opinion in a patent case appealed from the Western District of Virginia. Finally, the Federal Circuit released two nonprecedential orders dismissing appeals.

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 U.S. International Trade Commission finding “Apple Watches with an electrocardiogram (ECG) function infringe patents belonging to medical device maker AliveCor Inc”;
• another article about Amgen Inc.’s arguments to the Supreme Court that “patents needn’t spell out every possible iteration of an invention in order to be eligible for protection”;
• a third article about “VLSI Technology LLC and Intel Corp . . . agree[ing] to end a patent dispute in Delaware”; and
• a fourth article about “[t]he Federal Circuit . . . order[ing] a California company to defend patent litigation it filed in Texas, as its competitor in optical filters is asking to have the case transferred.”

This morning, the Federal Circuit released two nonprecedential opinions, one in a patent case and another in a government contract case. In the patent case, the Federal Circuit concluded that a district court did not abuse its discretion in excluding a patent owner from presenting an infringement theory at trial. The Federal Circuit also released two nonprecedential orders, one dismissing an appeal for lack of jurisdiction and another granting a motion to dismiss. Here are the introductions to the opinions, text from the order dismissing the appeal for lack of jurisdiction, and a link to the order granting the motion to dismiss.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, Amgen filed its opening merits brief in Amgen Inc. v. Sanofi, Aventisub LLC, which concerns patent law’s enablement requirement. With respect to petitions, although no new petitions were filed with the Court, a brief in opposition and a reply brief were filed in patent case concerning inter partes review estoppel, and another reply brief was filed in a veterans case. Here are the details.