FedCircuitBlog

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

• The Court received seven new amicus briefs in a case that has been granted certiorari, Minerva Surgical, Inc. v. Hologic, Inc.
• The Court received five new petitions for writ of certiorari.
• One new response brief was filed with the Court in Iancu v. Fall Line Patents, LLC.
• One new reply brief was filed with the Court in Argentum Pharmaceuticals LLC v. Novartis Pharmaceuticals Corporation.
• In petition cases, the Court received six new amicus briefs in American Axle & Manufacturing, Inc. v. Neapco Holdings LLC, two new amicus briefs in Amarin Pharma, Inc. v. Hikma Pharmaceuticals USA Inc., and one new amicus brief in Oracle America, Inc. v. United States.
• Lastly, the Court denied the petition for writ of certiorari in Christy, Inc. v. United States.

Here are the details.

• U.S. v. Arthrex: Is Historical Practice of the USPTO Relevant? – One factor that the Supreme Court may consider in determining the appropriate remedy if necessary for the appointment of administrative patent judges is the historical practice of the USPTO.
• Apple Faces Dubious Federal Circuit on Patent Ownership Argument – Judges Chen and Linn of the Federal Circuit seemed to doubt the interpretation of the contract language that Apple is relying on to challenge Omni MedSci’s ownership of the allegedly infringed patents.
• Federal Circuit on TM Licensing: We’re Going to Enforce the Terms – The Federal Circuit held that the Army properly refused Authentic Apparel’s proposal to make certain Army-branded items, including the expansion of a clothing line featuring Dwayne “The Rock” Johnson.

Here’s the latest.

• Now Streaming On YouTube: The Federal Circuit – The Federal Circuit will begin livestreaming the audio feed of oral arguments on YouTube starting in March.
• Make It Pithy and Other Lawyer Tips From a Federal Circuit Judge – Judge Raymond Chen of the Federal Circuit spoke on Friday at the 17th Annual Symposium on Emerging Intellectual Property Issues providing his prospective and tips to lawyers in the field.

Here’s the latest.

• Patenting Software-Related Inventions Is Getting Easier – Experts analyze Federal Circuit precedent and USPTO guidance to advance two recommendations for IP practitioners with regard to ensuring patent eligibility of inventions directed to software-related technologies.
• CAFC Reverses In-Part, Vacates In-Part PTAB Patentability Finding for Skin Cancer Detection Device – The Federal Circuit used an obviousness analysis and ruled that the PTAB erred in holding that patent claims directed at a skin cancer detection device were patentable.
• Federal Circuit Affirms District Court Decision Blocking Poultry Chiller Patent Suit Due to Equitable Intervening Rights – For the first time, the U.S. Court of Appeals for the Federal Circuit addressed the “boundaries of the phrase ‘protection of investments’ in [35 U.S.C.] § 252”, which outlines the effect of reissued patents.

Here’s the latest.

On Monday, March 1, 2021, the Supreme Court heard oral arguments in the closely-watched patent case, United States v. Arthrex. As we previewed a couple days prior to argument, two main issues were considered by the Court. First, for purposes of the Appointments Clause, whether administrative patent judges (APJs) of the Patent Trial and Appeal Board (PTAB) are principal or inferior officers. And second, if APJs are indeed principal officers, whether the Federal Circuit properly cured any Appointments Clause defect through the remedy it provided. Here are the details.

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

• The Court received new reply briefs in two cases that have been granted certiorari: (1) Minerva Surgical, Inc. v. Hologic, Inc. and (2) United States v. Arthrex, Inc.
• The Court received five new petitions for writ of certiorari.
• One new response brief was filed with the Court in Argentum Pharmaceuticals LLC v. Novartis Pharmaceuticals Corporation.
• One new amicus brief was filed by a non-profit advocacy organization, US Inventor, Inc., in the new case Amarin Pharma, Inc. v. Hikma Pharmaceuticals USA Inc.
• Hikma filed a waiver of its right to respond to the petition in Amarin Pharma, Inc. v. Hikma Pharmaceuticals USA Inc.
• Lastly, the Court denied the petitions for writ of certiorari in six cases.

Here are the details.

This month we highlight two scholarly articles related to the Federal Circuit.

• Certiorari in Patent Cases
• The (Unnoticed) Revitalization of the Doctrine of Equivalents

• 2G or Not 2G: Patent License Applies to Future Generation Wireless Networks – Despite Evolved Wireless’s efforts to limit a licensing agreement for a cellular network patent to 3G Networks, the Federal Circuit affirmed the lower court’s decision to give “generation” a broad construction.
• Apple, AT&T, Verizon Keep Patent Validity Suits in California – VoIP-Pal.com was unable to convince the Federal Circuit to issue a writ of mandamus directing the Northern District of California to transfer its cases to the Western District of Texas.
• Federal Circuit Says PTAB Wrongly Upheld Cancer Detection Patent – The Federal Circuit overruled the PTAB’s finding of no invalidity of Melanoscan’s patent in Canfield Scientific, Inc. v. Melanoscan, LLC.

Here’s the latest.

• Federal Circuit Rules PTAB Erred on Successor-in-Interest Issue in Crocs Case – The Federal Circuit granted a motion to substitute in a case involving a design patent infringement issue between Mojave Desert Holdings, LLC and Crocs, Inc. (Crocs).
• Apple Asks To Postpone March Patent Trial Due To COVID-19 – Apple requested that the Federal Circuit postpone its patent trial to later in 2021 when the trial participants will have had a chance to be vaccinated.

Here’s the latest.

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

• The Court received three new petitions for writ of certiorari in the following cases: (1) Hyundai Heavy Industries Co. v. United States, (2) Sandoz Inc. v. Immunex Corp., and (3) Gadsden Industrial Park, LLC v. United States.

Here are the details.