As we reported earlier today, this morning the Federal Circuit issued a precedential order in In re Google LLC ordering that the case be dismissed or transferred from the United States District Court for the Eastern District of Texas for lack of venue. We have been tracking the case given the filing of an amicus brief in support of Google. As previously noted in our oral argument recap, Google petitioned the Federal Circuit for a writ of mandamus directing the district court to dismiss the case for lack of venue. The district court had found venue appropriate based on the presence of Google’s servers in the district. A panel of the Federal Circuit disagreed with that basis for venue, and Judge Wallach filed a concurring opinion. Here is a summary of today’s order and some reflections on both the panel’s decision and Judge Wallach’s concurrence.
This morning the Supreme Court denied the petition for certiorari in Athena Diagnostics, Inc. v. Mayo Collaborative Services, LLC, one of the most important patent cases in recent memory. In that case, the petitioner pleaded with the Court to revisit the doctrine of patent eligibility given the uncertainty and incorrect results generated by the Supreme Court’s 2012 decision in Mayo Collaborative Services v. Prometheus Laboratories, Inc., particularly in the area of life sciences technologies. Notably, the Court also denied review in two other cases raising issues related to patent eligibility, Hikma Pharmaceuticals USA Inc. v. Vanda Pharmaceuticals Inc. and HP Inc. v. Berkheimer. We have the details.
This morning the Federal Circuit granted en banc rehearing in Sunpreme v. United States, a trade case. The en banc court simultaneously issued a new opinion in the case, vacating the panel’s decision and effectively reversing it in relevant part. We have the details.