This morning the Federal Circuit issued one nonprecedential opinion in a patent case and one Rule 36 judgment. Here is the introduction to the opinion and the link to the Rule 36 judgment.
On Friday, the Federal Circuit issued its opinion in GlaxoSmithKline LLC v. Teva Pharmaceuticals USA, Inc., a case we have been tracking because it attracted three amicus briefs. Judge Newman authored the majority opinion, which Judge Moore joined. Judges Newman and Moore vacated a district court’s judgment as a matter of law and remanded the case with instructions to reinstate a jury verdict of induced infringement in favor of GlaxoSMithKline based on indications of use in labels applied by Teva, a generic drug manufacturer. Chief Judge Prost filed a thirty-three page dissenting opinion, taking the majority to task for “creating infringement liability for any generic entering the market with a [so-called] skinny label, and by permitting infringement liability for a broader label that itself did not actually cause any direct infringement.” Here is a summary of the majority and dissenting opinions.
This week the Federal Circuit will convene eleven panels to consider about 48 cases. This month, as in the past several months, the court will hear all of its oral arguments telephonically given the coronavirus pandemic. The court will hear 33 cases argued this month. Of the argued cases, two attracted amicus briefs: one a patent case case and one a veterans case. Notably, the veterans case will be heard by the en banc court. Here’s what you need to know about these cases.
Argument Preview – National Organization of Veterans Advocates, Inc. v. Secretary of Veterans Affairs
Next week, in an en banc session of the court, the Federal Circuit will hear arguments in National Organization of Veterans Advocates, Inc. v. Secretary of Veterans Affairs. In this case, the court will consider two issues relates to veterans law: (1) whether the Federal Circuit has jurisdiction to review a generally applicable interpretive rule promulgated by the Department of Veterans Affairs through its Adjudication Procedures Manual, and (2) whether a Federal Circuit Rule impermissibly supersedes a statute of limitations. This is our argument preview.
Federal Circuit Issues Notice of Updated Electronic Filing Procedures and Materials for Unrepresented Parties
Consistent with last week’s announcement, today the Federal Circuit issued a Notice of Updated Electronic Filing Procedures and Materials for Unrepresented Parties. In it, the court confirmed the that the previously-announced changes to the Clerk’s Office procedures are now in effect. Here is the text of today’s Notice.
On Monday, the Federal Circuit issued its opinion in Biogen MA Inc. v. EMD Serono, Inc., a case we have been tracking because it attracted an amicus brief. In the opinion, a panel of the court composed of Judges Newman, Linn, and Hughes unanimously reversed the district court’s grant of judgment as a matter of law and remanded with instructions to reinstate the jury verdict finding that the patent-in-suit was invalid as anticipated. Here is a summary of the opinion.