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Opinion Summary – Amgen Inc. v. Sanofi, Aventisub LLC

This morning, the Supreme Court issued its opinion in Amgen Inc. v. Sanofi, Aventisub LLC, a patent case that presented the Court with the opportunity to decide “whether enablement is governed by the statutory requirement that the specification teach those skilled in the art to ‘make and use’ the claimed invention, 35 U.S.C. § 112, or whether it must instead enable those skilled in the art ‘to reach the full scope of claimed embodiments’ without undue experimentation—i.e., to cumulatively identify and make all or nearly all embodiments of the invention without substantial ‘time and effort.’” In a unanimous decision, the Court affirmed the Federal Circuit’s judgment of invalidity and found a patent “specification must enable the full scope of the invention as defined by its claims.” Justice Gorsuch authored the Court’s opinion. This is our opinion summary.

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Opinions

Opinions & Orders – May 18, 2023

Late yesterday and this morning, the Federal Circuit released two nonprecedential opinions in related patent cases involving patent claims that were deemed invalid as indefinite. The court also released seven nonprecedential orders dismissing appeals. Here are the introductions to the opinions and one of the orders and links to the other dismissals.

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Opinions

Opinions & Orders – May 17, 2023

This morning, the Federal Circuit released a nonprecedential opinion in a pro se case appealed from the Merit Systems Protection Board. The court also released four nonprecedential orders: one summarily affirming a judgment of the Merit Systems Protection Board, one summarily affirming a judgment of the Court of Federal Claims, one transferring a veteran’s case to the Western District of Texas, and one dismissing an appeal. Here are the introductions to the opinion and orders and a link to the dismissal.

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Opinions

Opinions & Orders – May 16, 2023

This morning, the Federal Circuit released four nonprecedential opinions, two in patent cases and two in pro se cases appealed from the Patent Trial and Appeal Board and the Merit Systems Protection Board. The court also released two nonprecedential orders, one denying a petition for a writ of mandamus seeking to order the Patent Trial and Appeal Board to vacate an inter partes review and one dismissing an appeal. Here are the introductions to the opinions and order and a link to the dismissal.

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Opinions

Opinions & Orders – May 15, 2023

This morning, the Federal Circuit released four nonprecedential opinions, two in Merit Systems Protection Board cases, one in a patent case, and one dismissing an appeal on jurisdictional grounds. Here are the introductions to the opinions.

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Opinions

Opinions & Orders – May 12, 2023

This morning, the Federal Circuit released a nonprecedential opinion in a pro se patent case along with two nonprecedential orders dismissing appeals. Here is the introduction to the opinion and links to the orders.

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Opinions

Opinions & Orders – May 11, 2023

This morning, the Federal Circuit released a precedential opinion and a nonprecedential opinion in two cases appealed from the Merit Systems Protection Board. The court also released five nonprecedential orders, which included three summary affirmances and two dismissals. Here are the introductions of the opinion and links to the orders.

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Opinions

Opinions & Orders – May 10, 2023

This morning, the Federal Circuit released two precedential opinions, one in a government contract case and one in a tax case. The court also released three nonprecedential opinions, all in patent cases. The court also released a nonprecedential order dismissing an appeal. Here are the introductions to the opinions and a link to the dismissal.

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Opinions

Opinions & Orders – May 9, 2023

This morning, the Federal Circuit released two precedential opinions in patent cases, one affirming a judgment of unpatentability in an inter partes review and one reversing a judgment of unpatentability in another inter partes review. The court also released a nonprecedential opinion in a pro se case and five nonprecedential orders dismissing appeals. Here are the introductions to the opinions and links to the orders.

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Opinions

Opinion & Orders – May 8, 2023

This morning, the Federal Circuit released a precedential opinion in a patent case, a nonprecedential opinion in a pro se veterans case, and two nonprecedential orders granting a summary affirmance and a dismissal. Here are the introductions to the opinions and links to the orders.

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