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This morning the Federal Circuit issued a precedential opinion in a patent case, a nonprecedential opinion in a patent case, and a nonprecedential opinion in a veterans case.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This morning, the Federal Circuit issued one nonprecedential opinion in a patent case.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.
Update on Important Panel Activity
Here is this month’s update on activity in cases pending before panels of the Federal Circuit where the cases involve 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 five dispositions, three cases with new briefing, one recent oral argument, and two upcoming oral arguments.