Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include new petitions filed in five cases raising questions related to eligibility, claim construction, novelty, and non-obviousness; an amicus brief in a case raising a question related to eligibility; and the denial of two petitions raising questions related to eligibility, the Appointments Clause, and non-obviousness. Here are the details.
Recent Supreme Court Activity
- A new petition was filed in TCL Communication Technology Holdings Limited v. Telefonaktiebolaget LM Ericsson
- New responses were filed in (1) Celgene Corp. v. Peter, (2) Enzo Life Sciences, Inc. v. Becton, Dickinson and Company, and (3) Emerson Electric Co. v. SIPCO, LLC
- New replies were filed in (1) General Electric Co. v. United Technologies Corp. and (2) Actavis Laboratories FL, Inc. v. Nalpropion Pharmaceuticals LLC
Here is the latest on recent activity at the Supreme Court in cases decided by the Federal Circuit.
Recent En Banc Activity
Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include new petitions filed in four cases raising questions related to claim construction, persons who may petition for post-issuance review proceedings, and jurisdiction; three new responses to petitions raising questions related to venue, eligibility, non-obviousness, and claim construction; and the denial of petitions in six cases raising questions related to the Appointments Clause, non-obviousness, and eligibility. 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.
- The petition in Superior Communications, Inc. v. Voltstar Technologies, Inc. was granted. The judgment was vacated and the case was remanded for further consideration in light of Thryv, Inc. v. Click-to-Call Technologies, LP, 590 U. S. _ (2020).
- One new Tucker Act petition was filed in Callan Campbell v. United States.
- A new response was filed in both (1) Dr. Reddy’s Laboratories, Ltd. v. Eli Lilly and Company and (2) Hospira, Inc. v. Eli Lilly and Company.
- New amicus briefs were filed in (1) American Institute for International Steel, Inc. v. United States and (2) Comcast Corp. v. International Trade Commission.
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 raising questions related to prosecution history estoppel and vitiation and the denial of three petitions raising questions related to the Appointments Clause, definiteness, written description, and enablement. 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. Parties filed new petitions in two cases. Several amici filed amicus briefs in Baley v. United States.
Recent En Banc Activity
Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include new petitions filed in six cases raising questions relating to design patent claim construction, damages, claim construction, eligibility, inequitable conduct, non-obviousness, joinder, and deference to Precedential Opinion Panels; three requests for responses to petitions raising questions related to venue, eligibility, non-obviousness, and claim construction; and the denial of six petitions raising issues including the Appointments Clause, claim construction, prosecution history estoppel, and damages. 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, the Court postponed one oral argument. In petitions cases, one new petition was filed in a patent case presenting questions related to retroactive application of inter partes review and waiver with respect to an Appointments Clause challenge. Two responses in opposition to petitions were filed in patent cases raising questions related to the written description requirement and standing to appeal in inter partes review proceedings. There was one new reply brief filed in a veterans case concerning attorneys fees. And several amicus briefs were filed in three 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 new petitions filed in four cases raising questions relating to patent eligibility, the Appointments Clause, claim construction, and non-obviousness; one new response to a pending petition raising questions related to enablement, written description, and the 7th Amendment; and the denial of ten petitions raising issues including the Appointments Clause, claim construction, and implied licenses. 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. There is no new activity to report related to granted cases. With respect to petitions cases, however, a petitioner presented the Court with three questions in a case involving a government contract, the government filed a response to a petition in a veterans case related to the Equal Access to Justice Act, a veteran filed a reply in support of her petition related to the Uniformed Services Employment and Reemployment Rights Act of 1984, and the Court denied a petition in a patent case. Here are the details.