Here is an update on recent en banc activity at the Federal Circuit in patent cases. Notably, much of the activity relates in some way to Arthrex, Inc. v. Smith & Nephew, Inc. Highlights include three new petitions (including two petitions raising questions related to waiver of arguments similar to those made in Arthrex), a response in opposition to a petition also making arguments raised in Arthrex, briefing on a motion raising arguments related to Arthrex, requests for responses in three cases (including, notably, Arthrex itself), and the denial of two petitions raising questions related to patent eligibility. Here are the details.
Recent En Banc Activity
Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include two new petitions raising questions related to waiver of the prevailing arguments made in Arthrex, Inc. v. Smith & Nephew, Inc., non-obviousness, and argument-type prosecution history estoppel, two letters filed by the government in response to arguments related to Arthrex, Inc. v. Smith & Nephew, Inc., two amicus briefs in Arthrex, Inc. v. Smith & Nephew, Inc. itself, and the denial of four petitions. We have the details.
Recent Supreme Court Activity
Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. Highlights include the reply brief on the merits in Romag Fasteners, Inc. v. Fossil, Inc., four new petitions (two in patent cases and two in veterans cases), two responses to petitions (both related to patent eligibility), three reply briefs in support of petitions (in one patent case and two veterans cases), and supplemental briefs and a letter to the court in five cases as a result of the government’s amicus briefs related to patent eligibility in Hikma Pharmaceuticals USA Inc. v. Vanda Pharmaceuticals Inc. and HP Inc. v. Berkheimer. Here are the details.
Recent Supreme Court Activity
Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. Highlights include a recap of the oral argument in Maine, Moda , and Land of Lincoln, a new petition in an MSPB case, a response by the Solicitor General to a petition raising questions related to patent eligibility in the context of computer-implemented technology, and a reply in support of a petition in a case raising questions related to sovereign immunity and inter partes reviews of patents. Here are the details.
Recent En Banc Activity
Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include three new petitions (including, notably, in Arthrex, Inc. v. Smith & Nephew, Inc.), a response to the petition and several amicus briefs in support of the petition in American Axle & Manufacturing, Inc. v. Neapco Holdings LLC, and the denial of three petitions. Here are the details.
Recent Supreme Court Activity
Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. It was an exceptionally busy week. In granted cases, the Supreme Court decided Peter v. NantKwest, Inc. and heard oral arguments in four of its other cases. As for petitions cases, two petitions were denied and four new responses, two new replies, and three new amicus briefs were filed. Here are the details.
Recent En Banc Activity
Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include two new petitions (on whether Arthrex should be applied to cases pending on appeal at the time it was decided, and whether the PTAB must consider arguments not made or adopted by examiners), an amicus brief, and three denials of petitions. Here are the details.
Recent Supreme Court Activity
Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. In granted cases, various briefs were filed in Romag Fasteners, Inc. v. Fossil, Inc. and Thryv, Inc. v. Click-to-Call Technologies, LP. In addition, one new pro se petition was filed, along with two new amicus briefs in other cases. Here are the details.
Recent En Banc Activity
Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include two new petitions, a response to a petition, and an amicus brief in support of a petition.
Recent Supreme Court Activity
Happy Thanksgiving! Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. In granted cases, the only case with any activity was Thryv, Inc. v. Click-To-Call Technologies, LP, in which the petitioner filed its reply brief. As for petitions, the Court denied review in three cases, parties filed three responses in opposition and one reply, and a third party filed an amicus brief in one case. We have the details.