FedCircuitBlog

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Since our last update, three new petitions for en banc rehearing have been filed. These petitions raise questions related to claim construction and the Administrative Procedure Act. Additionally, the Federal Circuit denied a petition for en banc rehearing that raised a question related to sanctions. Here are the details.

This morning, the Federal Circuit released a precedential opinion in a patent case appealed from the Eastern District of Pennsylvania. The Federal Circuit concluded that the district court both abused its discretion in excluding expert testimony and erred in granting judgment as a matter of law. Notably, Judge Prost filed a dissenting opinion. Here are the introductions to the opinions.

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today we highlight:

• an article predicting the “International Trade Commission will have an active 2026 managing its docket of patent cases due to expanded access for patent owners and operational delays”;
• a blog post discussing how former U.S. Patent and Trademark Office Director Andrei Iancu testified at the U.S. House of Representatives Ways and Means Committee’s subcommittee hearing and “spoke to several ways that our nation’s adversaries and trading partners alike are weakening American IP rights and how those issues should be addressed by U.S. policymakers”;
• an article reporting how “U.S. Patent and Trademark Office Director John Squires has denied 47 requests for America Invents Act patent reviews and granted eight other petitions, continuing his practice of spurning most patent challenges that reach his desk since he took over the handling of institution decisions”; and
• an article examining “a recent Federal Circuit decision holding that [inter partes review] estoppel does not apply to ongoing ex parte reexamination proceedings.”

No opinions and orders were released today in observance of the federal holiday honoring Martin Luther King Jr.’s Birthday. Late Friday, two nonprecedential orders dismissing appeals were released. Here are links to the dismissals.

On Friday, the Supreme Court granted the petition for certiorari in Hikma Pharmaceuticals USA Inc. v. Amarin Pharma, Inc, a patent case decided by the Federal Circuit. The Supreme Court will review the following questions:

1. “When a generic drug label fully carves out a patented use, are allegations that the generic drugmaker calls its product a ‘generic version’ and cites public information about the branded drug (e.g., sales) enough to plead induced infringement of the patented use?”
2. “Does a complaint state a claim for induced infringement of a patented method if it does not allege any instruction or other statement by the defendant that encourages, or even mentions, the patented use?”

Here is more information about the case.

Here is an update on activity in cases pending before panels of the Federal Circuit where the cases have attracted at least one amicus brief. We keep track of these cases in the “Other Cases” section of our blog. Today, with respect to these cases, we highlight one recent opinion, two recent orders, and five new cases. Here are the details.

This morning, the Federal Circuit released two nonprecedential opinions. Both come in patent infringement cases. Here are the introductions.

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today we highlight:

• an article suggesting “[t]he longer the Supreme Court delays its tariff decision, the better it is for President Trump”;
• an article highlighting how “[t]he year 2025 was eventful for patent attorneys”;
• an article discussing how the Supreme Court left “intact a line of decisions that treat foreign-language marks through the lens of direct translation”; and
• a blog post analyzing “seven patent issues from 2025 that deserve ongoing consideration.”

This morning, the Federal Circuit released two nonprecedential opinions and one nonprecedential order dismissing an appeal. One of the opinions comes in a pro se appeal of a decision of the Merit Systems Protection Board, and the other comes in an appeal of a decision of the Court of Federal Claims. Here are the introductions to the opinions and a link to the dismissal.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. Since our last update, there has been no new activity at the Supreme Court in the only pending case decided by the Federal Circuit. As for petitions, a new petition was filed in a patent case addressing appellate procedure; waivers of the right to respond to petitions were filed in a patent case and five pro se cases; a reply brief in support of a petition was filed in a veterans case; and the Supreme Court denied petitions in ten cases. Here are the details.