Petitions - Fed Circuit Blog

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375 Petitions

Appeal No.

Case

Subject

Status

Question(s) Presented

In re Apple Inc.

JurisdictionAmicus

Question(s) Presented

“[W]hether a plaintiff can defeat a transfer motion by doing nothing more than alleging that there may be likely witnesses in, or other connections to, the plaintiff’s chosen forum.”

Immunex Corp. v. Sandoz Inc.

Question(s) Presented

Whether “[a] party that obtains an exclusive license conveying ‘all substantial rights’ to a patent” may “nonetheless avoid becoming an effective owner under the all-substantial-rights test, and thereby evade double-patenting...

20-1009, 20-1034

Olaf Sööt Design, LLC v. Daktronics, Inc.

Question(s) Presented

“Whether waiver prevents a challenge to claim construction on appeal sua sponte where a party’s waiver is based on the fact that the original claim construction was (i) sponsored by...

Document Security Systems, Inc. v. Seoul Semiconductor Co.

Question(s) Presented

1. “This case presents the same three questions presented in Arthrex, Inc. v. Smith & Nephew, Inc., 941 F.3d 1320 (Fed. Cir. 2019), in which all parties have petitioned for...

Waterblasting, LLC v. Iancu

Question(s) Presented

“Whether the Act of 1984, Pub. L. 98-620, title IV, § 414(a), Nov. 8, 1984, 98 Stat. 3335, 3362, amending the language in 35 U.S.C. § 144 to provide that...

SIMO Holdings, Inc. v. Hong Kong uCloudlink Network Technology Ltd.

Question(s) Presented

“When construing claims of the form ‘a plurality of’ followed by a list of items separated by the word ‘and,’ whether the panel is correct that SuperGuide (which Petitioner contends...

Valeant Pharmaceuticals North America LLC v. Mylan Pharmaceuticals, Inc.

Question(s) Presented

“Whether a generic drug manufacturer ‘has committed acts of infringement’ under 28 U.S.C. § 1400(b) in a judicial district by submitting an Abbreviated New Drug Application (‘ANDA’) seeking approval to...

IBSA Institut Biochimique, S.A. v. Teva Pharmaceuticals USA, Inc.

Question(s) Presented

“Where a non-English language foreign priority application is the best intrinsic evidence of the inventors’ understanding of claim scope, can the foreign priority application be discounted during claim construction due...

19-2359, 20-1217

SiOnyx LLC v. Hamamatsu Photonics K.K.

Question(s) Presented

Whether “[t]he Panel overlooked or misapprehended that the language from the District Court’s injunction prohibiting ‘products practicing the disputed patents’ is indistinguishable from language previously vacated or modified by this...

Idorsia Pharmaceuticals, Ltd. v. Iancu

Question(s) Presented

1. “Whether an incomplete restriction requirement, which omits and excludes large portions of the claimed invention from further examination without any legitimate statutory basis, provides adequate notice enabling an applicant...

19-2339, 19-2231

Vaporstream, Inc. v. Snap Inc.

Question(s) Presented

Snap Inc. presents the following questions: 1. “Whether the appointment of Administrative Patent Judges to the PTAB violates the Appointments Clause of the U.S. Constitution, Art. 2, § 2, cl. 2,...

WhitServe LLC v. Dropbox, Inc.

Question(s) Presented

1. “[W]hether . . . the enablement requirement of Section 112 is separate and distinct from the subject matter eligibility requirements of Section 101.” 2. “[W]hether . . . the Court...

Greatbatch Ltd. v. AVX Corporation

Question(s) Presented

“[W]hether the district court erred as a matter of law in its multiple and contradictory constructions of the term ‘asymmetrical’ in claim 12 of U.S. Patent No. 6,905,627 (the ‘”627...

Lubby Holdings LLC v. Chung

Question(s) Presented

Whether “the panel err[ed] in failing to recognize that Lubby provided Chung a qualified charge of infringement at the time they ended their collaboration on the products claimed in the...

Document Security Systems, Inc v. Seoul Semiconductor Co.

Question(s) Presented

1. “This case presents the same three questions presented in Arthrex, Inc. v. Smith & Nephew, Inc., 941 F.3d 1320 (Fed. Cir. 2019), in which all parties have petitioned for...

19-2255, 19-2285

Bio-Rad Laboratories, Inc. v. 10x Genomics Inc.

Question(s) Presented

“Whether a patentee can overcome prosecution history estoppel under the tangentiality exception merely because the inventors ceded more claim scope than necessary[.]” “Whether a claim term written in binary form is...

Agrofresh, Inc. v. UPL Limited

Question(s) Presented

1. “This case presents the same three questions presented in Arthrex, Inc. v. Smith & Nephew, Inc., 941 F.3d 1320 (Fed. Cir. 2019), in which all parties have petitioned for...

Godo Kaisha IP Bridge 1 v. TCL Communication Technology Holdings Ltd.

Question(s) Presented

“Under 35 U.S.C. § 271 and Supreme Court precedent, may a patentee prove literal infringement, not by comparing the accused product to the asserted claim and showing that each limitation...

Trimble Inc. v. PerDiemCo LLC

Question(s) Presented

1. “Whether [Red Wing Shoe Co. v. Hockerson-Halberstadt, Inc., 148 F.3d 1355 (Fed. Cir. 1998)]’s ‘approach that fosters settlement’ must be considered in assessing the fourth fairness factor-‘the interstate judicial...

HIP, Inc. v. Hormel Foods Corporation

Question(s) Presented

1. “Whether claims directed to an industrial-scale commercial process for manufacturing products (here food products) of a quality ‘resembling’ a traditional, handmade product are indefinite, and thus invalid, when the...

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