FedCircuitBlog

This month we highlight two papers and two books. The first paper analyzes opinion assignments within the Federal Circuit, while the second paper considers the remedy of disgorgement in intellectual property cases. The first book focuses on the challenges 3D printing poses to traditional intellectual property regimes, while the second book analyzes the possibility of standardizing remedies for patent infringement in the context of complex products like smartphones and laptops.

This morning the Federal Circuit issued three precedential opinions in patent cases and one nonprecedential order in a patent case. Here are the introductions to the opinions and the text of the order.

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights a call for the Federal Circuit to live stream an upcoming hearing for the public, a petition to the Supreme Court related to sovereign immunity and venue, and an appeal to the Federal Circuit of a ruling granting an extra year of college tuition benefits to thousands of veterans.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to pending cases, there was activity in only one case, the copyright case of Google LLC v. Oracle America, Inc. With respect to petitions cases, new petitions were filed in three patent cases, a response to a petition was filed in a Merit Systems Protection Board case, and two parties waived their rights to respond to petitions. Here are the details.

This morning the Federal Circuit issued one nonprecedential opinion in a patent case and one nonprecedential opinion in an appeal from the Armed Services Board of Contract Appeals. Here are summaries of the opinions.

This morning the Federal Circuit issued a “Public Advisory Concerning the Federal Circuit’s April 2020 Sitting.” In it, the court announced that it was taking three different approaches to its cases scheduled for oral argument next month. Here are the details.

Our final argument recap this month comes in Biogen MA Inc. v. EMD Serono, Inc. As we noted in our argument preview, in this case the court confronts invalidity and infringement arguments related to IFN-β-related polypeptides, which can be used to treat multiple sclerosis. Last Friday, the parties (Plaintiff-Appellee Biogen MA, Inc. and Defendants-Appellants EMD Serono, Inc. and Pfizer Inc.) presented their arguments to a panel of the court that included Judges Newman, Linn, and Hughes.

This morning the Federal Circuit issued one precedential opinion in an international trade case and one nonprecedential opinion in a Merit Systems Protections Board case. Here are the introductions to the opinions.

As we have reported in earlier posts this week, the Federal Circuit last week heard four cases that attracted amicus briefs. In one of these cases, Immunex Corp. v. Sandoz Inc., the court addressed the issue of obviousness-type double patenting, which is an equitable doctrine aimed at preventing patent owners from extending patent protection beyond the statutorily-afforded term. As we noted in our argument preview, one of the main issues presented to the court concerning this doctrine in this case was whether Immunex owns “all substantial rights in [the patents-in-suit], including the ability to control patent prosecution.” Last week the parties presented their arguments to a panel of the court that included Judges O’Malley, Reyna, and Chen. Here is our argument recap.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include new petitions filed in six cases raising questions related to the Appointments Clause, claim construction, and implied licenses, one request by the Federal Circuit for a response to a petition raising questions related to collateral estoppel and inter partes review, and the denial of three petitions raising questions related to transfer, waiver, and design patent infringement. Here are the details.