Opinions

Opinions & Orders – October 7, 2020

This morning, the Federal Circuit issued a precedential opinion in a patent case and four nonprecedential opinions in a case appealed from the Merit Systems Protection Board, a case concerning jurisdiction under the Tucker Act, a veterans case, and a patent case.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.

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Opinions

Opinions & Orders – October 6, 2020

This morning the Federal Circuit issued one nonprecedential opinion in a patent case and one Rule 36 judgment. Here is the introduction to the opinion and the link to the Rule 36 judgment.

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Opinions / Panel Activity

Opinion Summary – GlaxoSmithKline LLC v. Teva Pharmaceuticals USA, Inc.

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.

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Opinions

Opinions & Orders – October 5, 2020

This morning, the Federal Circuit issued a nonprecedential opinion in a government contracts case. Here is the introduction of the opinion.

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Opinions

Opinions & Orders – October 2, 2020

This morning, the Federal Circuit issued a precedential opinion in a first patent case and a nonprecedential opinion in another patent case. Here are the introductions to the opinions.

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Opinions

Opinions & Orders – October 1, 2020

The Federal Circuit did not publish any new opinions or orders this morning.

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Opinions

Opinion Summary – Biogen MA Inc. v. EMD Serono, Inc.

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.

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Opinions

Orders & Opinions – September 30, 2020

This morning, the Federal Circuit issued a nonprecedential opinion in a patent case. Here is the introduction to the opinion.

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Opinions

Opinions & Orders – September 29, 2020

This morning, the Federal Circuit issued one nonprecedential order declining to permit interlocutory review of an order by the Court of Federal Claims denying a motion to dismiss. Here is the text from the Federal Circuit’s order.

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Opinions

Opinions & Orders – September 28, 2020

This morning, the Federal Circuit issued two precedential opinions in a patent case and a veterans case. The court also issued a nonprecedential order denying a petition for a writ of mandamus that would have directed a district court to stay proceedings. Here are the introductions to the opinions and text from the order.

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