En Banc Activity

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received and invited a response to a new petition raising questions related to enablement. The court also denied three petitions raising questions related definiteness, intervening rights, willfulness, unclean hands, claim construction, and the doctrine of equivalents. Here are the details.

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Opinions

Opinions & Orders – April 20, 2021

This morning the Federal Circuit released a nonprecedential opinion in a takings case and two nonprecedential opinions in patent cases, one affirming the Patent Trial and Appeal Board and another dismissing an appeal for lack of constitutional standing. The court also issued a nonprecedential order granting a petition for a writ of mandamus ordering the Western District of Texas to transfer a patent infringement case. Notably, this order marked the second grant of mandamus against the Western District of Texas in the same case. The first grant of mandamus required the Western District of Texas to rule on a long-pending motion to transfer, while this second grant of mandamus requires the Western District of Texas to transfer the case.

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News

Recent News on the Federal Circuit

Here’s the latest.

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Opinions

Opinions & Orders – April 19, 2021

This morning, the Federal Circuit issued a precedential opinion in a veterans case. Here is the introduction to the opinion.

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News

Recent News on the Federal Circuit

Here’s the latest.

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Argument Preview / Featured / Supreme Court Activity

Argument Preview – Minerva Surgical, Inc. v. Hologic, Inc.

On Wednesday, the Supreme Court will hear oral arguments in Minerva Surgical, Inc. v. Hologic, Inc., the case that is predicted to determine the fate of the assignor estoppel doctrine. Specifically, the question presented to the Court is: “whether a defendant in a patent infringement action who assigned the patent, or is in privity with an assignor of the patent, may have a defense of invalidity heard on the merits.” This is our argument preview.

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Petitions / Supreme Court Activity

Recent Supreme Court Activity

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit.

Here are the details.

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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.

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Panel Activity

Update on Important Panel Activity

Here is this month’s update on activity in cases pending before panels of the Federal Circuit where the cases involve 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 oral arguments in a veteran’s case and a patent case, as well as three upcoming oral arguments in a patent case, veteran’s case, and a case concerning the jurisdiction of the Merit Systems Protection Board.

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Opinions

Opinions & Orders – April 15, 2021

This morning, the Federal Circuit issued a nonprecedential opinion in a government contract case affirming a holding of the Civilian Board of Contract Appeals. Here is the introduction to the opinion.

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