FedCircuitBlog

Late last month, the Supreme Court heard oral argument in Hikma Pharmaceuticals USA Inc. v. Amarin Pharma, Inc., a case originally decided by the Federal Circuit. The Supreme Court granted review to consider the following two 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?”

This is our argument recap.

This morning, the Federal Circuit released five nonprecedential opinions. One comes in a government contract case appealed from the Court of Federal Claims, one comes in a patent case appealed from the District of Delaware, one comes in government takings case appealed from the Court of Federal Claims, one comes in a veterans case appealed from the Court of Appeals for Veterans, and one comes in a patent case appealed from the Patent Trial Appeal Board. Here are the introductions to the opinions.

This morning, the Federal Circuit released a nonprecedential order dismissing a case appealed from the Eastern District of Louisiana. That’s it. Here is a link to the dismissal.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. In the only pending case, a patent case addressing inducement of infringement and so-called skinny-labeling, oral argument took place in late April. As for pending petitions, since our last update, six new petitions were filed; three waivers of the right to respond to petitions were filed; three briefs in opposition were filed; three reply briefs were filed; two amicus briefs were filed; and the Supreme Court denied petitions in five cases. Here are the details.

Late yesterday, the Federal Circuit released a nonprecedential order dismissing an appeal. This morning, the court released two precedential opinions and one nonprecedential opinion. One of the precedential opinions comes in a case appealed from the Court of Appeals for Veterans claims, and the second comes in a patent case appealed from the District of Delaware. The nonprecedential opinion comes in another patent case appealed form the Northern District of California. Here are the introductions to the opinions as well as a link to the dismissal.

Yesterday the Federal Circuit announced it will open its doors on July 3 to the public for tours, mock trials, and opportunities to speak with federal judges. Here is the full text of the announcement.

Late yesterday and earlier this morning, the Federal Circuit Court released two nonprecedential orders dismissing cases. The first dismissed a case appealed from the Court of Appeals for Veterans Claims, and the second a case appealed from the Court of Federal Claims. Here are links to the dismissals.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Since our last update, five new petitions for en banc rehearing have been filed raising questions related to correction of inventorship, damages, the domestic industry requirement, and infringement. Three new amicus briefs were also filed in a case raising questions related to design patent infringement. Finally, four petitions were denied in cases raising questions related to eligibility and infringement. Here are the details.

This morning, the Federal Circuit released one precedential opinion, four nonprecedential opinions, one nonprecedential order dismissing an appeal, and two Rule 36 Judgments. The precedential opinion comes in a patent case appealed from the Southern District of Florida. One of the nonprecedential opinions comes in another patent case appealed from from the Southern District of New York, one addresses a petition for review of a decision of the Merit Systems Protection Board, one comes in an appeal from a decision of the Court of Federal Claims, and one comes from a case appealed from the Court of International Trade. Here are the introductions to the opinions as well as links to the dismissal and the Rule 36 judgments.

Here is an update on activity in patent 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 two recent opinions and one recent order, four newly identified cases, and two recent oral arguments. Here are the details.