Yesterday, the Federal Circuit decided Arellano v. McDonough, a case we have been following since the court scheduled an en banc hearing. Split on reasoning but united in outcome, the court issued a short, unanimous, per curiam opinion affirming the Court of Appeals for Veterans Claims. In addition to the per curiam opinion, however, the court issued two concurrences, each representing the opposing views of six judges. Here is our summary of the court’s opinions.
Opinions & Orders – April 16, 2021
This morning, the Federal Circuit issued a precedential opinion in a patent case concerning whether a reference needs a self-enabling disclosure to support obviousness and another precedential opinion in a government contracts case. The court also issued a Rule 36 judgment. Here are the introductions to the opinions and a link to the Rule 36 judgment.
Recent News on the Federal Circuit
- The Federal Circuit Says Theaters Can’t Move IP Fight Out Of Texas – Judge Rodney Gilstrap may proceed with Cinemark’s suit against Intertrust Technologies Corp.
- Doctrine of Equivalents in Lilly v. Apotex – The Federal Circuit affirmed the lower court’s finding of summary judgment of Apotex’s infringement under the doctrine of equivalents.
- USPTO Finalizes Rules On Patent Amendments, Fee Discounts – The USPTO announced two new rules on amending patents and discounts for patent application fees.
Here’s the latest.
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 news to report on granted cases. Five new petitions, however, were filed. The Supreme Court also denied one petition, Harris v. United States, this week. Here are the details.