FedCircuitBlog

• Fed. Circ. Again Says No State Sovereign Immunity In IPRs – In Board of Regents of the University of Texas System v. Baylor College of Medicine, the Federal Circuit held that plaintiffs can request inter partes reviews of state universities’ patents and sovereign immunity does not apply.
• Federal Circuit Tries to Wrap Its Arms Around Functional Biotech Patent Claims – The Federal Circuit heard oral arguments last Wednesday and focused on the application of the enablement requirement to Amgen’s patent covering therapeutic antibodies.
• Del. Chief Urges Creativity When Litigating Patent Eligibility – Chief Judge Leonard Stark addressed the resolution of patent eligibility issues within litigation during a panel discussion on Friday.

Here’s the latest.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit.

The Supreme Court received petitions for writ of certiorari in (1) Argentum Pharmaceuticals LLC v. Novartis Pharmaceuticals Corporation and (2) Nazir Khan, et al. v. Merit Medical Systems Inc.

• Google Ruling Yields Patent Prosecution Appeal Prep Lessons – Jason German explains some of the benefits of appealing directly to the Federal Circuit during patent prosecution.
• Intel Urges Federal Circuit to Stop Patent Trial Move To Waco – Intel hopes the Federal Circuit will prevent the company from returning to Waco, Texas for trial in January.

Here’s the latest.

• Federal Circuit Sheds Light on the Test for ‘Analogous Art’ in an IPR – Tom BenGera discusses the Federal Circuit’s recent opinion in Donner Technology, LLC v. Pro Stage Gear, LLC.
• Covered Business Method Threshold Review Is Not Appealable – The Federal Circuit recently held that the Patent Trial and Appeal Board’s determination that a patent qualifies for covered business method (CBM) review is not appealable.

Here’s the latest.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit.

The Supreme Court received petitions for writ of certiorari in (1) Frederick Demond Wilson v. United States, (2) David O. Keel, v. Robert Wilkie, Secretary of Veterans Affairs, (3) Chris Jaye v. United States, (4) B/E Aerospace, Inc. v. C&D Zodiac, Inc., and (5) adidas AG v. Nike, Inc.

Several amicus briefs were filed in United States v. Arthrex, Inc.

• Big Pharma to Face Off at Federal Circuit Oral Arguments Over Antibody Genus Patentability – A preview of an upcoming Federal Circuit case concerning enablement.
• No Patent? No Problem! The Federal Circuit Paves The Way For Non-Patent Owners To Sue Infringers – What happens in a patent lawsuit when not all of the parties that have an ownership interest in a patent are joined as plaintiffs?
• The Federal Circuit Tries To Demystify Venue in Hatch-Waxman Actions – In Valeant Pharms. N. Am. v. Mylan Pharms., the Federal Circuit attempted to clarify where “acts of infringement” for venue purposes under §1400(b) occur in Hatch-Waxman actions.

Here’s the latest.

This post summarizes recent activity at the Supreme Court in cases decided by the Federal Circuit.

• One new petition for writ of certiorari was filed with the Supreme Court in Micron Technology, Inc. v. North Star Innovations, Inc. raising questions related to the Appointments Clause.
• One brief in opposition to the petition in Hologic, Inc. v. Minerva Surgical, Inc. was filed with the Court by Minerva.
• Two reply briefs were filed with the Court, the first by Minerva in Minerva Surgical, Inc. v. Hologic, Inc., and the second by Cochlear in Cochlear Corp. v. Alfred E. Mann Foundation for Scientific Research.
• Finally, the Supreme Court denied the petitions for writ of certiorari in two cases: (1) Consumer 2.0, Inc. v. Tenant Turner, Inc. and (2) Wilkins v. United States District Court for the Eastern District of California.

Here are the details.

• Printed Matter Is Patentable If It’s Functional, Not Just Communicative – Bard’s suit of patent infringement by AngioDynamics may continue after the Federal Circuit reversed the lower court’s finding of non-infringement and invalidity.
• Functional claiming in the aftermath of Williamson – Analyses of means plus function limitations have shifted more than anticipated in the past few years following the Federal Circuit’s decision in Williamson v. Citrix Online LLC.
• Federal Circuit Considers CBM Review Under Thryv on Remand from SCOTUS – The Federal Circuit affirmed in SIPCO, LLC v. Emerson Electric that the decision to institute a covered business method (“CBM”) review cannot be reviewed based on Supreme Court precedent.

Here’s the latest.

• Supreme Court Denies Patent Petitions on Arthrex, Eligibility – The U.S. Supreme Court denied petitions for certiorari in two cases coming out of the Federal Circuit: IYM Technologies LLC v. RPX Corporation and Advanced Micro Devices, Inc. and WhitServe LLC v. Donuts Inc.
• Amgen, GSK Urge Justices To Allow Patents On Genus Claims – A trio of amicus briefs filed on Monday urge the Supreme Court to grant Merck’s petition for certiorari and ensure that companies are able to patent genus claims.
• COVID-19 Vaccine Leader Moderna “Not Aware of Any Significant Intellectual Property Impediments” in Development of its Vaccine Despite Mixed Results at PTAB – As global leaders in COVID-19 vaccine development receive promising results from their clinical trials, the focus turns to whether legal intellectual property obstacles may impede vaccine distribution.  

Here’s the latest.

This post summarizes recent activity at the Supreme Court in cases decided by the Federal Circuit.

• The Supreme Court received three new petitions for writ of certiorari in (1) InfoBionic, Inc. v. Cardionet, LLC, (2) Lone Star Silicon Innovations, LLC v. Iancu, and (3) Kinghorn v. United States.
• Two new responses to petitions were filed with the Court, the first by the Alfred E. Mann Foundation in Cochlear Corp. v. Alfred E. Mann Foundation for Scientific Research, and the second by the government in ThermoLife International LLC v. Iancu.
• One new reply to the petition in Rovi Guides, Inc. v. Comcast Cable Communications, LLC was filed with the Court by Rovi.
• Three amicus briefs were filed in Idenix Pharmaceuticals LLC v. Gilead Sciences, Inc., all in support of Idenix.
• Lastly, the Supreme Court denied the petitions for writ of certiorari in three cases: (1) IYM Technologies LLC v. RPX Corp., (2) Duke University v. Biomarin Pharmaceutical Inc., and (3) Whitserve LLC v. Donuts Inc.

Here are the details.