This morning the Federal Circuit issued a precedential opinion in a case appealed from the Merit Systems Protection Board, a nonprecedential opinion in a Tucker Act case, and a precedential erratum. Here are the introductions to the opinions and the text of the erratum.
Opinions & Orders – August 24, 2020
Today the Federal Circuit issued one precedential opinion in a patent case. Here is the introduction to the opinion.
Argument Preview – Amarin Pharma, Inc. v. Hikma Pharmaceuticals USA
Next week is argument week at the Federal Circuit, and two cases slated to be argued attracted amicus briefs. A patent case, Amarin Pharma, Inc. v. Hikma Pharmaceuticals USA, drew interest from both the Aimed Alliance and the Biotechnology Innovation Organization (BIO) on the issue of non-obviousness. In this case, Amarin, a patent owner, asks the Federal Circuit to reverse a district court’s judgment of obviousness based on alleged erroneous use of hindsight. This is our argument preview.
Opinions and Orders – August 21, 2020
This morning, the Federal Circuit issued three precedential opinions in a veterans case, a case appealed from the Merit Systems Protection Board, and a patent case. Here are the introductions to the opinions.
Opinions & Orders – August 20, 2020
This morning the Federal Circuit issued a precedential opinion in a patent case, a nonprecedential opinion in a patent case, and a nonprecedential opinion in a veterans case. Here are the introductions to the opinions.
Opinions and Orders – August 19, 2020
This morning, the Federal Circuit issued two precedential opinions in a Vaccine Act case and a veterans case. Here are the introductions to the opinions.
Recent En Banc Activity
Here is an update on recent en banc activity at the Federal Circuit. Highlights include a new petition raising a question related to patent claim construction and new invitations to respond to petitions in two cases raising questions related to claim preclusion and double patenting. Here are the details.
Opinions & Orders – August 18, 2020
The Federal Circuit did not issue any new opinions this morning.
Opinion Summary – Sanford Health Plan v. United States
On Friday, the Federal Circuit issued its opinion in Sanford Health Plan v. United States, a case we have been tracking because it attracted amicus briefs. In the opinion, a panel composed of Judges Dyk, Bryson, and Taranto unanimously affirmed the judgment of the Court of Federal Claims that the Affordable Care Act “provision on reimbursement of cost-sharing reductions is ‘money-mandating’ and that the government is liable for money damages for its failure to make reimbursements for the 2017 reductions.” Here is a summary of the opinion.
Opinions and Orders – August 17, 2020
This morning, the Federal Circuit issued one nonprecedential opinion in a patent case. Here is the introduction to the opinion.