Earlier this month the Federal Circuit issued its opinion in Amarin Pharma, Inc. v. Hikma Pharmaceuticals USA Inc., a patent case that attracted an amicus brief. In this case, the Federal Circuit reviewed a district court’s grant of a motion to dismiss inducement claims under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim. The Federal Circuit reversed the judgment of the District of Delaware in an opinion authored by Judge Lourie that was joined by Chief Judge Moore and Western District of Texas Judge Alan Albright, who sat by designation. This is our opinion summary.
Opinion Summary – Backertop Licensing LLC v. Canary Connect, Inc.
Earlier this month the Federal Circuit issued its opinion in Backertop Licensing LLC v. Canary Connect, Inc., a patent case that attracted an amicus brief. In this case the Federal Circuit reviewed a determination by the District of Delaware that an out-of-state non-party was in contempt of court for disregarding an order requiring her to testify at a hearing. The Federal Circuit, in an opinion authored by Judge Hughes that was joined by Judges Prost and Stoll, affirmed the contempt order of the district court. This is our opinion summary.
Opinions & Orders – July 30, 2024
This morning the Federal Circuit released two nonprecedential opinions and four nonprecedential orders. Both opinions affirm judgments of the Merit Systems Protection Board. The first order remands a case to the Central District of California. The second transfers a case to the Southern District of Ohio. The last two orders are both dismissals. Here are the introductions to the opinions and first two orders and links to the remaining orders.
Opinions & Orders – July 29, 2024
The Federal Circuit did not release any orders or opinions on its website today.
Opinions & Orders – July 26, 2024
This morning the Federal Circuit released one precedential opinion and one nonprecedential order. The opinion affirms in part and reverses in part a judgment of the Patent Trial and Appeal Board. The order remands a case appealed from the Patent Trial and Appeal Board for further proceedings. Here are the introductions to the opinion and order.
Opinions & Orders – July 25, 2024
This morning the Federal Circuit released one nonprecedential opinion and six nonprecedential orders. The opinion affirms a judgment from the Western District Court of Pennsylvania in a patent case. The first order reinstates an appeal and vacates a previous judgment while also affirming a decision from the Trademark Trial and Appeal Board. All the other orders are dismissals. Here is the introduction to the opinion and links to the orders.
Opinions & Orders – July 24, 2024
This morning the Federal Circuit released three nonprecedential opinions and four nonprecedential orders. The first opinion affirms a judgment of the Patent Trial and Appeal Board, the second affirms a dismissal by the Court of Federal Claims for lack of jurisdiction, and the third affirms a judgment of the Office of Personnel Management. The first order transfers an appeal to the Court of Appeals for the Second Circuit, and all the other orders are dismissals. Here are the introductions to the opinions and the first order and links to the dismissals.
Opinions & Orders – July 23, 2024
This morning the Federal Circuit released three nonprecedential opinions and ten nonprecedential orders. The first opinion affirms a judgment of the Patent Trial and Appeal Board; the second vacates and remands a judgment of the Patent Trial and Appeal Board; and the third reverses and remands another judgment of the Patent Trial and Appeal Board. The first order denies petitions for writs of mandamus, while the second transfers an appeal to the Central District of California. All of the other orders are dismissals. Here are the introductions to the opinions and first two orders and links to the other orders.
Opinions & Orders – July 22, 2024
This morning the Federal Circuit released one precedential opinion and seven nonprecedential orders. The opinion comes in a inter partes review proceeding appealed from the Patent Trial and Appeal Board. The first order denies a petition for a writ of mandamus seeking to order the Western District of Texas to transfer a case or, in the alternative, to stay proceedings pending a ruling on a motion to dismiss for improper venue and lack of personal jurisdiction. The second order vacates and remands a district court judgment in light of a recent decision of the Supreme Court. The third transfers an appeal to the Sixth Circuit. The fourth grants a joint motion to remand a case to the Court of Appeals for Veterans Claims. Two of the remaining orders are dismissals, and the last is an erratum. Here are the introductions to the opinion and first four orders and links to the remaining three orders.
Opinions & Orders – July 19, 2024
This morning the Federal Circuit released one precedential opinion, one nonprecedential opinion, and one nonprecedential order. The precedential opinion dismisses as moot an appeal of a judgment of the Patent Trial and Appeal Board. The nonprecedential opinion affirms a judgment of the Court of Federal Claims in a veterans case. The order is a dismissal. Here are the introductions to the opinions and a link to the order.