FedCircuitBlog

This post summarizes the recent activity at the Supreme Court in cases decided by the Federal Circuit.

• New petitions were filed in (1) Andrea Lea, Arkansas State Auditor v. United States and (2) Jake LaTurner, Kansas State Treasurer v. United States.
• In Enzo Life Sciences, Inc. v. Becton, Dickinson and Company, the United States submitted it’s brief in opposition to the petition for certiorari.

Here are the details.

• 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.

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.

This morning the Supreme Court rendered its decision in Maine Community Health Options v. United States, Moda Health Plan Inc. v. United States, and Land of Lincoln Mutual Health Insurance Company v. United States. The Court concluded that the Affordable Care Act established a money-mandating obligation, that Congress did not repeal this obligation, and that, as a result, insurance companies may sue the federal government for damages in the Court of Federal Claims under the Tucker Act. As a result, the Court reversed the Federal Circuit and remanded the cases for further proceedings.

Today the Supreme Court issued its decision in Romag Fasteners, Inc. v. Fossil, Inc., ruling that trademark owners need not prove willfulness to disgorge infringers’ profits. Justice Gorsuch authored the opinion for the Court, which vacated and remanded a contrary decision by the Federal Circuit. Justice Gorsuch’s opinion was joined by every member of the Court except Justice Sotomayor. Here are the details.

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.

This morning the Supreme Court issued its opinion in Thryv, Inc. v. Click-to-Call Technologies, LLC. The Court held that time-bar decisions made by the Patent Trial and Appeal Board when determining whether to institute inter partes review proceedings are not appealable. Justice Ginsburg authored the majority decision. Justices Gorsuch and Sotomayor dissented.

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.

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.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, there is no new activity to report. With respect to petition cases, three new petitions were filed raising issues related to patent and trade law; four patent cases saw amicus briefs filed; and the Court denied a petition in a patent case. Read on for the details.