FedCircuitBlog

This morning, the Federal Circuit issued a precedential opinion in a patent case and four nonprecedential opinions in a case appealed from the Merit Systems Protection Board, a case concerning jurisdiction under the Tucker Act, a veterans case, and a patent case. The Federal Circuit also issued two Rule 36 judgments. Here are the introductions to the opinions and links to the Rule 36 judgments.

Here is an update on recent en banc activity at the Federal Circuit. This week the en banc court will hear arguments in a veterans case. Late last week a supplemental reply brief was filed in that case. As for new petitions for en banc consideration, two were filed in patent cases raising various questions related to the doctrine of equivalents, prosecution history estoppel, vitiation, reasonable royalties, and obviousness. With respect previously-filed petitions, a new response was filed asking the court to reject a petition questioning whether whether a party who is not a patentee may sue for patent infringement. In addition, the court denied four petitions in patent cases raising questions related to mandamus jurisdiction over real-party-in-interest determinations, double patenting, transfer of venue, and claim construction. Here are the details.

This morning the Federal Circuit issued one nonprecedential opinion in a patent case and one Rule 36 judgment. Here is the introduction to the opinion and the link to the Rule 36 judgment.

On Friday, the Federal Circuit issued its opinion in GlaxoSmithKline LLC v. Teva Pharmaceuticals USA, Inc., a case we have been tracking because it attracted three amicus briefs. Judge Newman authored the majority opinion, which Judge Moore joined. Judges Newman and Moore vacated a district court’s judgment as a matter of law and remanded the case with instructions to reinstate a jury verdict of induced infringement in favor of GlaxoSMithKline based on indications of use in labels applied by Teva, a generic drug manufacturer. Chief Judge Prost filed a thirty-three page dissenting opinion, taking the majority to task for “creating infringement liability for any generic entering the market with a [so-called] skinny label, and by permitting infringement liability for a broader label that itself did not actually cause any direct infringement.” Here is a summary of the majority and dissenting opinions.

This morning, the Federal Circuit issued a nonprecedential opinion in a government contracts case. Here is the introduction of the opinion.

This week the Federal Circuit will convene eleven panels to consider about 48 cases. This month, as in the past several months, the court will hear all of its oral arguments telephonically given the coronavirus pandemic. The court will hear 33 cases argued this month. Of the argued cases, two attracted amicus briefs: one a patent case case and one a veterans case. Notably, the veterans case will be heard by the en banc court. Here’s what you need to know about these cases.

Next week, in an en banc session of the court, the Federal Circuit will hear arguments in National Organization of Veterans Advocates, Inc. v. Secretary of Veterans Affairs. In this case, the court will consider two issues relates to veterans law: (1) whether the Federal Circuit has jurisdiction to review a generally applicable interpretive rule promulgated by the Department of Veterans Affairs through its Adjudication Procedures Manual, and (2) whether a Federal Circuit Rule impermissibly supersedes a statute of limitations. This is our argument preview.

This morning, the Federal Circuit issued a precedential opinion in a first patent case and a nonprecedential opinion in another patent case. Here are the introductions to the opinions.

Consistent with last week’s announcement, today the Federal Circuit issued a Notice of Updated Electronic Filing Procedures and Materials for Unrepresented Parties. In it, the court confirmed the that the previously-announced changes to the Clerk’s Office procedures are now in effect. Here is the text of today’s Notice.

The Federal Circuit did not publish any new opinions or orders this morning.