This morning the Federal Circuit issued three nonprecedential opinions: two involving appeals from the Merit Systems Protection Board and one in a patent infringement case. Here are the introductions to the opinions.
This morning, the Federal Circuit issued a precedential opinion in a patent case and four nonprecedential opinions in a case appealed from the Merit Systems Protection Board, a case concerning jurisdiction under the Tucker Act, a veterans case, and a patent case. The Federal Circuit also issued two Rule 36 judgments. Here are the introductions to the opinions and links to the Rule 36 judgments.
On Friday, the Federal Circuit issued its opinion in GlaxoSmithKline LLC v. Teva Pharmaceuticals USA, Inc., a case we have been tracking because it attracted three amicus briefs. Judge Newman authored the majority opinion, which Judge Moore joined. Judges Newman and Moore vacated a district court’s judgment as a matter of law and remanded the case with instructions to reinstate a jury verdict of induced infringement in favor of GlaxoSMithKline based on indications of use in labels applied by Teva, a generic drug manufacturer. Chief Judge Prost filed a thirty-three page dissenting opinion, taking the majority to task for “creating infringement liability for any generic entering the market with a [so-called] skinny label, and by permitting infringement liability for a broader label that itself did not actually cause any direct infringement.” Here is a summary of the majority and dissenting opinions.
On Monday, the Federal Circuit issued its opinion in Biogen MA Inc. v. EMD Serono, Inc., a case we have been tracking because it attracted an amicus brief. In the opinion, a panel of the court composed of Judges Newman, Linn, and Hughes unanimously reversed the district court’s grant of judgment as a matter of law and remanded with instructions to reinstate the jury verdict finding that the patent-in-suit was invalid as anticipated. Here is a summary of the opinion.