This morning the Supreme Court rendered its decision in Maine Community Health Options v. United States, Moda Health Plan Inc. v. United States, and Land of Lincoln Mutual Health Insurance Company v. United States. The Court concluded that the Affordable Care Act established a money-mandating obligation, that Congress did not repeal this obligation, and that, as a result, insurance companies may sue the federal government for damages in the Court of Federal Claims under the Tucker Act. As a result, the Court reversed the Federal Circuit and remanded the cases for further proceedings.
The Federal Circuit announced today that it is proposing a large number of stylistic and substantive amendments to the Federal Circuit Rules of Practice. The court has asked for comments from the public on the proposed amendments. If adopted, the amendments will be effective starting July 1, 2020. Here are the details.
Breaking News – Supreme Court Rules Trademark Owners Need Not Prove Willfulness to Disgorge Infringers’ Profits
Today the Supreme Court issued its decision in Romag Fasteners, Inc. v. Fossil, Inc., ruling that trademark owners need not prove willfulness to disgorge infringers’ profits. Justice Gorsuch authored the opinion for the Court, which vacated and remanded a contrary decision by the Federal Circuit. Justice Gorsuch’s opinion was joined by every member of the Court except Justice Sotomayor. Here are the details.
This morning the Supreme Court issued its opinion in Thryv, Inc. v. Click-to-Call Technologies, LLC. The Court held that time-bar decisions made by the Patent Trial and Appeal Board when determining whether to institute inter partes review proceedings are not appealable. Justice Ginsburg authored the majority decision. Justices Gorsuch and Sotomayor dissented.
Breaking News – Denial of Summary Judgment of Patent Ineligibility Treated As Final Judgment in Favor of Patent Owner, Allowing Federal Circuit to Reach Eligibility and Invalidate Patent Claims
As we reported earlier today, this morning a panel of the Federal Circuit issued a precedential opinion in Ericsson Inc. v. TCL Communication Technology Holdings Ltd. In this case, the panel reached three important conclusions regarding procedural and substantive matters related to allegations of patent eligibility under 35 U.S.C. § 101.
As we reported earlier today, the Federal Circuit issued its precedential opinion in Bozeman Financial LLC v. Federal Reserve Bank, holding that the “[Federal Reserve] Banks are ‘persons’ who may petition for post-issuance review under the AIA.” This holding marks the Federal Circuit’s first significant interpretation of last year’s Supreme Court opinion in Return Mail v. U.S. Postal Service.
This morning the Federal Circuit issued a precedential order denying en banc rehearing in Arthrex, Inc. v. Smith & Nephew, Inc., a nonprecedential opinion in a Veterans case, and a Rule 36 judgment. Here is the text of the order and the introductions to the opinions.
This afternoon the Federal Circuit announced various modifications to its operations, “including suspending the filing of certain paper copies, establishing modified filing and service procedures for parties appearing pro se, authorizing changes to how the Clerk’s Office provides assistance to the public, and providing additional guidance to counsel concerning the scheduling of future court hearings.” The court’s announcement includes links to an administrative order and three notices outlining particular modifications to the court’s procedures. The court said it was making these changes “to continue court operations in response to ongoing public health emergencies.”
Today the Federal Circuit announced that, in light of the coronavirus pandemic, the court has canceled its Judicial Conference previously scheduled for May 15, 2020 in Washington DC, including all related events. The court indicated it hopes to reschedule the conference.
Federal Circuit Releases Updated Public Advisory Converting All Remaining April Arguments to Telephonic Hearings
This afternoon the Federal Circuit issued an “Updated Public Advisory Concerning the Federal Circuit’s April 2020 Sitting.” In it, the court announced it is converting all remaining oral arguments still scheduled for April to telephonic hearings. Here are the details.