FedCircuitBlog

On Monday, March 1, 2021, the Supreme Court heard oral arguments in the closely-watched patent case, United States v. Arthrex. As we previewed a couple days prior to argument, two main issues were considered by the Court. First, for purposes of the Appointments Clause, whether administrative patent judges (APJs) of the Patent Trial and Appeal Board (PTAB) are principal or inferior officers. And second, if APJs are indeed principal officers, whether the Federal Circuit properly cured any Appointments Clause defect through the remedy it provided. Here are the details.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit.

• The Court received new reply briefs in two cases that have been granted certiorari: (1) Minerva Surgical, Inc. v. Hologic, Inc. and (2) United States v. Arthrex, Inc.
• The Court received five new petitions for writ of certiorari.
• One new response brief was filed with the Court in Argentum Pharmaceuticals LLC v. Novartis Pharmaceuticals Corporation.
• One new amicus brief was filed by a non-profit advocacy organization, US Inventor, Inc., in the new case Amarin Pharma, Inc. v. Hikma Pharmaceuticals USA Inc.
• Hikma filed a waiver of its right to respond to the petition in Amarin Pharma, Inc. v. Hikma Pharmaceuticals USA Inc.
• Lastly, the Court denied the petitions for writ of certiorari in six cases.

Here are the details.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit.

• The Court received three new petitions for writ of certiorari in the following cases: (1) Hyundai Heavy Industries Co. v. United States, (2) Sandoz Inc. v. Immunex Corp., and (3) Gadsden Industrial Park, LLC v. United States.

Here are the details.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit.

• The Court received one new petition for writ of certiorari in Oracle America, Inc. v. United States.
• Two new amicus briefs were filed with the Court in American Axle & Manufacturing, Inc. v. Neapco Holdings LLC, the first by a group of patent practitioners in Chicago and the second by the New York Bar Association.
• One new waiver of right to respond was filed by Illumina in Ariosa Diagnostics, Inc. v. Illumina, Inc.

Here are the details.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit.

• The Supreme Court received two new petitions for writ of certiorari in Christy, Inc. v. United States, and in Wynkoop v. Department of Defense.
• One new brief in response to the petition was filed with the Court by Apple in Iancu v. Fall Line Patents, LLC.
• One new amicus brief was filed with the Court in American Axle & Manufacturing, Inc. v. Neapco Holdings LLC by the Alliance of U.S. Startups & Inventors for Jobs.

Here are the details.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit.

• Two response and reply briefs were filed with the Court by the United States and by Smith & Nephew in a case that has been granted certiorari, United States v. Arthrex, Inc.
• Two amicus briefs were filed with the Court: the first by the New York Intellectual Property Law Association (NYIPLA) in American Axle & Manufacturing, Inc. v. Neapco Holdings LLC, and the second by a non-profit advocacy organization, US Inventor, Inc., in Akeva L.L.C. v. Nike, Inc.
• One new waiver of right to respond was filed by Iancu in Samaranayake v. Iancu.
• The Supreme Court denied the petition for writ of certiorari in the case of InfoBionic, Inc. v. Cardionet, LLC.

Here are the details.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit.

• Four new waivers of right to respond were filed with the Court.
• The Court denied the petitions for writ of certiorari in three cases.

Here are the details.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit.

• One new amicus brief was filed by the New Civil Liberties Alliance in a case that has been granted certiorari, United States v. Arthrex, Inc.
• The Court granted the petition for certiorari in Minerva Surgical, Inc. v. Hologic, Inc.
• The Court received eight new petitions for writ of certiorari.
• Three new reply briefs were filed with the Court in the following cases: (1) adidas AG v. Nike, Inc., (2) Micron Technology, Inc. v. North Star Innovations, Inc., and (3) InfoBionic, Inc. v. Cardionet, LLC.
• One new amicus brief was filed in Argentum Pharmaceuticals LLC v. Novartis Pharmaceuticals Corporation by Jonathan Stroud
• Three new waivers of right to respond were filed with the Court.
• Lastly, the Court denied the petitions for writ of certiorari in ten cases.

Here are the details.

On Friday the Supreme Court granted the petition for certiorari in Minerva Surgical, Inc. v. Hologic, Inc., a patent infringement case decided by the Federal Circuit in April of last year. In this case, the petitioner asks the Court to abandon or limit the doctrine of assignor estoppel, which prevents a party who in the past assigned a patent from later contesting the patent’s validity. Here are the details.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit.

The Supreme Court received petitions for writ of certiorari in (1) Argentum Pharmaceuticals LLC v. Novartis Pharmaceuticals Corporation and (2) Nazir Khan, et al. v. Merit Medical Systems Inc.