Another case being argued next week at the Federal Circuit that attracted amicus briefs is Omni Medsci, Inc. v. Apple Inc. In this patent case, the Federal Circuit granted Apple’s motion for an interlocutory appeal to review two different district courts’ holdings with respect to an alleged standing problem. This is our argument preview.
Recent En Banc Activity
Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court denied two petitions raising questions related to inter partes review. That’s it! Here is a summary with links to the relevant case pages for more information.
Case Update – GlaxoSmithKline LLC v. Teva Pharmaceuticals USA, Inc.
Recently, a panel of the Federal Circuit granted panel rehearing in GlaxoSmithKline LLC v. Teva Pharmaceuticals USA, Inc. In this case, Teva petitioned the en banc court to reconsider the panel’s decision that Teva induced infringement through use of a skinny label on its generic version of GlaxoSmithKline’s (GSK) drug Coreg. The panel treated the petition as requesting panel rehearing, granted the petition, and ordered a second oral argument in the case, which was held this morning. Here are the details of the case.
Opinions & Orders – February 23, 2021
This morning, the Federal Circuit issued a nonprecedential opinion in a trademark case and a nonprecedential opinion in a patent case. Here are the introductions to the opinions.
Opinion Summary – In re VoIP-Pal.com, Inc.
Last week, the Federal Circuit decided In re VoIP-Pal.com, Inc., a patent case we have been tracking because it attracted an amicus brief. Judge Moore authored a unanimous panel opinion denying VoIP-Pal’s petition for a writ of mandamus. The panel found that the district court did not clearly abuse its discretion by declining to dismiss the case based on the first-to-file rule. This is our opinion summary.
Opinions & Orders – February 22, 2021
This morning, the Federal Circuit issued a precedential opinion in a patent case over a dissent from Judge Dyk, and also issued a nonprecedential opinion in a “Rails-to-Trails” takings case. Here are the introductions to the opinions.
Argument Preview – National Association of Manufacturers v. Department of the Treasury
This week we are previewing three cases on the Federal Circuit’s oral argument schedule next week that attracted amicus briefs. Today we highlight a tax case, National Association of Manufacturers v. Department of the Treasury. In this case, the Department of the Treasury appeals a decision by the U.S. Court of International Trade holding that regulations promulgated by the Treasury to curtail “double drawback” (two tax refunds for the same exported merchandise) are invalid. This is our argument preview.
Opinions & Orders – February 19, 2021
This morning, the Federal Circuit issued a precedential opinion in a patent case, a nonprecedential opinion in a government contracts case, and a nonprecedential opinion in a patent case. The court also issued a nonprecedential order in a patent case denying a petition for a writ of mandamus that would have directed the Northern District of California to vacate an order denying a motion to dismiss based on the first-to-file doctrine. Here are the introductions to the opinions.
Opinions & Orders – February 18, 2021
This morning, the Federal Circuit issued a precedential opinion in a patent case reversing in part and vacating in part a decision by the Patent Trial and Appeal Board. The court also issued a nonprecedential in another patent case, this time affirming the Patent Trial and Appeal Board. Here are the introductions to the opinions.
Federal Circuit Announces It is Inaccessible Today Due to Weather
This morning the Federal Circuit announced that due to weather it is inaccessible today and that nonelectronic filings due today will be deemed timely if received tomorrow. Here is the full text of today’s announcement.
