Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include a new petition raising a question related to claim construction; new invitations to respond to petitions raising questions related to novelty and non-obviousness; and the denial of two petitions raising questions related to design patent law and joinder in inter partes review proceedings. Here are the details.
Recent Supreme Court Activity
This post summarizes recent activity at the Supreme Court in cases decided by the Federal Circuit.
- The Supreme Court received three new petitions this week: (1) Personal Audio, LLC v. CBS Corp., (2) ESIP Series 2, LLC v. Puzhen Life USA, LLC, and (3) Medina v. Federal Aviation Administration.
- Nine briefs were filed in response to the petition in United States v. Image Processing Technologies LLC.
- Three replies were submitted to the Court, the first by BioDelivery in BioDelivery Sciences International, Inc. v. Aquestive Therapeutics, Inc., the second by Chamberlain in The Chamberlain Group, Inc. v. Techtronic Industries Co., and the third by Campbell in Campbell v. United States.
- One supplemental brief was filed by Ameranth in Ameranth, Inc. v. Domino’s Pizza, LLC.
- Lastly, nine waivers of right to respond were submitted to the Court in three cases: (1) United States v. Image Processing Technologies LLC, (2) Sanders v. United States, and (3) Michelson v. Department of the Army.
Here are the details.
Recent En Banc Activity
Here is an update on recent en banc activity at the Federal Circuit. Highlights include new petitions filed in four patent cases raising questions related to remedies, transfer of venue, novelty, non-obviousness, and real-party-in-interest rules, as well as a response to a petition raising questions related to double-patenting. Here are the details.
Recent En Banc Activity
This week there is little to report on recent en banc activity at the Federal Circuit. The court denied one petition in a pro se case. That’s it!
Recent Supreme Court Activity
This post summarizes recent activity at the Supreme Court in cases decided by the Federal Circuit.
- The Supreme Court received three new petitions for writs of certiorari in (1) ThermoLife International LLC v. Iancu, (2) SRAM, LLC v. FOX Factory, Inc., and (3) Halim v. United States.
- Aquesitive submitted a brief in opposition to the petition in BioDelivery Sciences International, Inc. v. Aquestive Therapeutics, Inc.
- Two replies were submitted to the Court, the first by Smith & Nephew in Smith & Nephew, Inc. v. Arthrex, Inc. and the second by TCL in TCL Communication Technology Holdings Limited v. Telefonaktiebolaget LM Ericsson.
Here are the details.
Recent En Banc Activity
Here is an update on recent en banc activity at the Federal Circuit. Highlights include a new petition raising a question related to patent claim construction and new invitations to respond to petitions in two cases raising questions related to claim preclusion and double patenting. Here are the details.
Recent En Banc Activity
Here is an update on recent en banc activity at the Federal Circuit. Highlights include a sua sponte grant of an en banc hearing in a veterans case, the filing of the government’s brief in another veterans case in which the court previously granted an en banc hearing, a new petition raising questions related to patent claim construction, the denial of a petition raising questions related to injunctive relief, and the denial of a petition in a pro se case. Here are the details.
Guest Post – American Axle Relies Upon Misreading of Old Precedent to Create New Law
Jeffrey A. Lefstin serves as a Professor of Law at the University of California, Hastings College of the Law. Prior to serving as a professor, he clerked for Federal Circuit Judge Raymond C. Clevenger III. Prof. Lefstin holds a Ph.D. in Biochemistry from the University of California San Francisco and a J.D. from Stanford Law School. He has written extensively and testified before Congress concerning the doctrine of patent eligibility.
Though described by the majority as “narrow,” the American Axle v. Neapco panel opinion sets forth two far-reaching expansions in the law of patent eligibility.
Recent En Banc Activity
Here is an update on recent en banc activity at the Federal Circuit. Highlights include modified opinions issued in two patent cases raising questions related to eligibility; new petitions filed in two cases raising questions related to obviousness; a new invitation to respond to a petition raising questions related to venue; and the denial of petitions in cases raising questions related to jurisdiction over an appeal from the Patent Trial and Appeal Board, restriction requirements, and patent term adjustments. Here are the details.
Recent En Banc Activity
Here is an update on recent en banc activity at the Federal Circuit. Highlights include a petition filed in a pro se case; a new response to a petition raising questions related to injunctions; and the denial of four petitions raising questions related to standing, obviousness, and assignor estoppel. Here are the details.