FedCircuitBlog

Happy Presidents Day! The Federal Circuit did not publish any opinions or orders this morning given the federal holiday.

Here is this month’s update on activity in cases pending before panels of the Federal Circuit where the cases attracted at least one amicus brief. We keep track of these cases in the “Other Cases” section of our blog. Today, with respect to these cases, we highlight two dispositions, one in a veterans case addressing allegations of delay violating due process and one in a patent case addressing the enablement requirement. We also highlight two new patent cases, one addressing claim construction and the non-obviousness requirement and the other addressing the first-to-file rule and patent eligibility. We also note three upcoming oral arguments. Here are the details.

This morning, the Federal Circuit issued a precedential opinion in a patent case and three nonprecedential opinions: one in a veterans case, one in a patent case, and one in a case appealed from the Merit Systems Protection Board. Here are the introductions to the opinions.

Yesterday, the Federal Circuit issued its opinion in Amgen Inc. v. Sanofi, Aventisub LLC, a patent case we have been tracking because it attracted amicus briefs. Judge Lourie authored the unanimous opinion, which affirmed a district court’s judgment as a matter of law of lack of enablement. The Federal Circuit agreed that undue experimentation would be required to practice the full scope of antibody claims in Amgen’s patents. This is our opinion summary.

This morning the Federal Circuit issued one precedential opinion in a patent case. The court also issued three nonprecedential opinions: two in patent cases and one in an appeal from the Merit Systems Protection Board. Finally, the court issued one precedential order granting a motion to substitute a successor-in-interest in a design patent case. Here are the introductions to the opinions and text from the order.

This morning, the Federal Circuit issued a precedential opinion in a patent case and a precedential opinion in a case appealed from the Court of Federal Claims. The Federal Circuit also issued nonprecedential opinions in two patent cases, a case appealed from the Merit Systems Protection Board, and another case appealed from the Court of Federal Claims. Additionally, the Federal Circuit issued a nonprecedential errata. Here are the introductions to the opinions and the text of the errata.

Here is an update on recent en banc activity at the Federal Circuit. Last week the court heard oral argument in the en banc veterans case. As for petitions in patent cases, highlights include a new petition raising a question related to claim construction; new responses to petitions raising questions related to inter partes review and Rule 36 summary affirmances; a new invitation to respond to a petition raising questions related to deference to the Patent Trial and Appeal Board; a new amicus brief in a case raising questions related to inter partes review; and the denial of two petitions raising questions related to patent eligibility and transfer of venue. Here are the details.

This morning the Federal Circuit issued three nonprecedential opinions: one in a veterans case, one in a tax case, and one in a patent case. Additionally, the court issued three Rule 36 judgments. Here are the introductions to the opinions and links to the Rule 36 judgments.

This morning, the Federal Circuit issued two precedential opinions and one nonprecedential opinion in patent cases, as well as a precedential opinion and two nonprecedential opinions in cases appealed from the Merit Systems Protection Board. The court also issued a Rule 36 judgment. Here are the introductions to the opinions and a link to the Rule 36 judgment.

This morning, the Federal Circuit issued a nonprecedential opinion in a patent case affirming a rejection of a patent application for claiming unpatentable subject matter. Here is the introduction to the opinion.