FedCircuitBlog

As we have been reporting, two panels of the Federal Circuit heard oral arguments last week in cases that attracted amicus briefs. In one of these cases, New Vision Gaming & Development, Inc. v. SG Gaming, Inc., the court is reviewing two decisions by the Patent Trial and Appeal Board in covered business method reviews and, in particular, arguments that structural bias within the U.S. Patent and Trademark Office in favor of challenges to patents amounts to a due process violation. Judges Moore, Taranto, and Newman heard the arguments. This is our argument recap.

Here is this month’s update on activity in cases pending before panels of the Federal Circuit where the cases involve at least one amicus brief. We keep track of these cases in the “Other Cases” section of our blog. Today, with respect to these cases we highlight two dispositions, one new case with an amicus brief, one case with new briefing, one case update, three recent oral arguments, and two upcoming oral arguments. Here are the details.

As we have been reporting, the Federal Circuit this month scheduled three oral arguments in cases that attracted amicus briefs. In one of these cases, Omni Medsci, Inc. v. Apple Inc., the court heard argument Thursday regarding two different district courts’ holdings with respect to an alleged standing problem related to the plaintiff, Omni Medsci. This is our argument recap.

One of the three cases scheduled to be argued last week at the Federal Circuit that attracted amicus briefs was a death benefit case entitled Rolfingsmeyer v. Office of Personnel Management. Normally at this point we would provide a recap of the oral argument, but last week the Federal Circuit released a nonprecedential order “remov[ing] this case from the March 5, 2021 oral argument calendar and [holding] the case in abeyance for 60 days.” Here is the full text of the court’s order.

This week, the Federal Circuit issued its opinion in Euzebio v. McDonough, a veterans case we have been following because it attracted two amicus briefs. Judge Wallach authored a unanimous panel opinion reversing and remanding a decision by the Court of Appeals for Veterans Claims that certain materials were not constructively before the Board of Veterans’ Appeals. This is our opinion summary.

As we previously reported, the Federal Circuit recently conducted a panel rehearing in GlaxoSmithKline LLC v. Teva Pharmaceuticals USA, Inc. In this case, Teva petitioned the en banc court to reconsider the panel’s decision that Teva induced infringement through use of a skinny label on its generic version of GlaxoSmithKline’s (GSK) drug Coreg. Teva pointed to Hatch-Waxman and asserted that Congress provided a statutory “carve-out” mechanism allowing a generic to adopt a skinny label for unpatented uses that cannot be blocked by a patent on one method of using the drug. The panel treated the motion as requesting panel rehearing and granted panel rehearing. This is our recap of the rehearing oral argument.

One of the three cases being argued next week at the Federal Circuit that attracted amicus briefs is a death benefit case entitled Rolfingsmeyer v. Office of Personnel Management. In this case, the Federal Circuit will review the Merit Systems Protection Board’s decision denying Patricia Rolfingsmeyer a survivor annuity and a basic employee death benefit based on the death of Tina Sammons, her alleged common law spouse. This is our argument preview.

Another case being argued next week at the Federal Circuit that attracted amicus briefs is Omni Medsci, Inc. v. Apple Inc. In this patent case, the Federal Circuit granted Apple’s motion for an interlocutory appeal to review two different district courts’ holdings with respect to an alleged standing problem. This is our argument preview.

Recently, a panel of the Federal Circuit granted panel rehearing in GlaxoSmithKline LLC v. Teva Pharmaceuticals USA, Inc. In this case, Teva petitioned the en banc court to reconsider the panel’s decision that Teva induced infringement through use of a skinny label on its generic version of GlaxoSmithKline’s (GSK) drug Coreg. The panel treated the petition as requesting panel rehearing, granted the petition, and ordered a second oral argument in the case, which was held this morning. Here are the details of the case.

Last week, the Federal Circuit decided In re VoIP-Pal.com, Inc., a patent case we have been tracking because it attracted an amicus brief. Judge Moore authored a unanimous panel opinion denying VoIP-Pal’s petition for a writ of mandamus. The panel found that the district court did not clearly abuse its discretion by declining to dismiss the case based on the first-to-file rule. This is our opinion summary.