This morning, the Federal Circuit issued one precedential opinion in a patent case and one nonprecedential opinion in a Merit Systems Protection Board case. The court also issued one nonprecedential Rule 36 judgment. Here are the introductions to the opinions and the Rule 36 judgment.
Recent Supreme Court Activity
This post summarizes recent activity at the Supreme Court in cases decided by the Federal Circuit.
- The following five new petitions were submitted to the Court: (1) Primbas, et al. v. Iancu, (2) Polaris Innovations Ltd. v. Kingston Technology Co., Inc., et al., (3) Arthrex, Inc. v. Smith & Nephew, Inc., et al., (4) Smith & Nephew, Inc., et al. v. Arthrex, Inc., et al., and (5) Sanofi-Aventis Deutschland GMBH v. Mylan Pharmaceuticals Inc.
- Also, in Willowood, LLC v. Syngenta Crop Protection, LLC, Willowood, LLC submitted its reply to Syngenta’s brief in opposition. Willowood claims Syngenta’s brief avoids the key issues raised in the petition.
- Lastly, the Supreme Court received two waivers of right to respond for the petitions of Lakshmi Arunachalam v. Presidio Bank and Richard Polidi v. Michelle K. Lee, et al.
Here are the details.
Opinions & Orders – July 8, 2020
This morning, the Federal Circuit issued one precedential opinion in a patent case. The court also issued three nonprecedential opinions in a Tucker Act case and patent cases. 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 response to a petition in a case raising questions related to standing; a new invitation for response to a petition in a case raising questions related to Jurisdiction over an appeal from the Patent Trial and Appeal Board; and the denial of a petition raising questions related to inequitable conduct and obviousness. Here are the details.
Opinions & Orders – July 7, 2020
This morning, the Federal Circuit issued one precedential opinion in a patent case, two nonprecedential opinions in veterans cases, and one nonprecedential opinion in a government contracts case. Here are the introductions to the opinions.
Recent News on the Federal Circuit
- Apple loses seven-year import duty legal fight – The Federal Circuit affirmed the U.S. Government’s categorization of Apple’s iPad Smart Covers, thereby subjecting the models to tariffs.
- Federal Circuit Affirmed Win Against Database Platform – Hulu successfully challenged a database patent in Sound View Innovations, LLC v. Hulu, LLC.
- Federal Circuit Vacates Denial of Attorneys’ Fees – In a precedential opinion, the Federal Circuit held that the district court must consider the objective unreasonableness of an infringement claim in determining whether to grant attorneys’ fees.
Here’s the latest.
Opinions and Orders – July 6, 2020
This morning the Federal Circuit issued one precedential opinion in a Biologics Price Competition and Innovation Act case. Here is the introduction to the opinion.
Recent News on the Federal Circuit
- Amgen Defeats Appeal Over Arthritis Drug Patents – Amgen successfully defends its multi-billion-dollar arthritis drug patents in the Federal Circuit on Wednesday.
- Federal Circuit Affirms PTAB Ax Of Aircraft Space-Saving IP – The Federal Circuit, in a precedential decision, invalidated two aircraft patents in B/E Aerospace Inc. v. C&D Zodiac Inc.
- No rehearing for Biogen in Tecfidera patent appeal – Biogen was denied an en banc rehearing of Biogen International GmbH v. Banner Life Sciences LLC, finalizing Banner’s win in the Federal Circuit.
Here’s the latest.
Recent Supreme Court Activity
This post summarizes recent activity at the Supreme Court in cases decided by the Federal Circuit.
- The Supreme Court received five new petitions this week: (1) Thomas v. Iancu, (2) United States v. Arthrex, Inc., et al., (3) Louis A. Piccone v. United States Patent and Trademark Office, (4) Richard Polidi v. Michelle K. Lee, et al., and (5) Michael A. Henry-Bey v. Hector Castro, et al.
- Syngenta Crop Protection, LLC submitted its brief in opposition to the Court in Willowood, LLC v. Syngenta Crop Protection, LLC.
- Finally, the Court denied petitions in Chrimar Systems, Inc. v. Ale USA Inc. and Ford Motor Co. v. United States.
Here are the details.
Recent News on the Federal Circuit
- Two of Nike’s Flyknit Patents Prevail – Adidas was unable to prove two of Nike’s Flyknit technology patents were unpatentable as obvious.
- Parts of Shoe Illumination Patent Invalidated – In Shoes by Firebug LLC v. Stride Rite Children’s Grp., LLC, the court affirmed the PTAB’s decision finding the claims obvious.
- Federal Circuit Issues Modifications to Building Access Order – Limited building access now allowed on a case-by-case basis.
Here’s the latest.