FedCircuitBlog

Here is an update on recent en banc activity at the Federal Circuit. In the only pending en banc case, a veterans case, the court received the appellant’s supplemental brief. As for patent cases, the court received a new petition raising questions related to patent eligibility. Here are the details.

Late yesterday and this morning, the Federal Circuit released one nonprecedential opinion and two nonprecedential orders. In the opinion, the court dismissed an appeal from the Court of Appeals for Veterans Claims. The Federal Circuit also issued two nonprecedential orders dismissing appeals. Here is the introduction to the opinion and links to the dismissals.

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:

• an article about “[r]ival drugmakers Viatris and Merck . . . settl[ing] their yearslong dispute over patents on brand name diabetes treatments”;
• another article about a petition to the Supreme Court asking “the high court to review an appeals court’s decision that patents can only be issued to human inventors”; and
• a blog post about another Supreme Court petition “ask[ing] the Supreme Court to overturn the Federal Circuit’s ruling that Ingenio was estopped from challenging the validity of patent claims that were denied institution during inter partes review (IPR) validity proceedings at the Patent Trial and Appeal Board.”

This morning the Federal Circuit issued a nonprecedential opinion affirming-in-part and vacating-in-part a judgment of the Northern District of California in a patent case. Here is the introduction to the opinion.

Here is the first of two updates this week 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 a new patent case in which the court, due to a motion to expedite, heard oral argument recently. Additionally, we highlight new briefings in two patent cases as well as four recent opinions. Here are the details.

This morning the Federal Circuit released a nonprecedential order dissmissing an appeal. That’s it. Here is a link to the dismissal.

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:

• a blog post about how “the Federal Circuit . . . revived an Administrative Procedure Act (APA) challenge to the Fintiv decision on discretionary denial” of petitions for inter partes review;
• an article about the Federal Circuit also “reviv[ing] a patent-infringement lawsuit against Amazon.com Inc.” after a stipulation of non-infringement based on a district court’s claim constructions; and
• another article about a Federal Circuit opinion “determining that the PTAB required too much evidence to establish a motivation to combine prior art.”

Late yesterday and this morning, the Federal Circuit released one precedential opinion, two precedential opinions, and five nonprecedential orders. In the precedential opinion, the court affirmed a judgment of the Court of Appeals for Veterans Claims. In the first nonprecedential opinion, the Federal Circuit affirmed-in-part, vacated-in-part, dismissed-in-part, and remanded a case appealed from the Court of Appeals for Veterans Claims. In the second nonprecedential opinion, the Federal Circuit affirmed a dismissal in an appeal from the Court of Federal Claims for lack of jurisdiction. Finally, the Federal Circuit issued five nonprecedential orders dismissing appeals. Here are the introductions to the opinions and links to the dismissals.

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:

• a blog post about the United States government’s statement of interest in the patent infringement case involving COVID-19 vaccines; and
• an article about the U.S. International Trade Commission “bann[ing] imports of video-streaming fitness devices made by Peloton Interactive Inc and iFit Inc.”

Late yesterday and later this morning, the Federal Circuit released one precedential opinion and five nonprecedential orders. In the opinion, the court affirmed a judgment in a case appealed from the Court of International Trade. Four of the orders dismiss appeals, while one is an erratum. Here is the introduction to the opinion and links to the dismissals and erratum.