This morning, the Federal Circuit issued a nonprecedential opinion in a patent case addressing the doctrine of nonobviousness. Here is the introduction to the opinion.
Opinions & Orders – November 23, 2020
This morning, the Federal Circuit issued a nonprecedential opinion in a veterans case and a nonprecedential opinion in a patent case. Here are the introductions to the opinions.
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 one disposition in a veterans case, new briefs filed in two patent cases raising due process questions related to post grant review proceedings, four recent oral arguments in veterans and government contracts cases, and four upcoming oral arguments in patent, veterans, and takings cases.
Federal Circuit Announces Continued Extension of Access Restrictions for the National Courts Building
Today the Federal Circuit and the Court of Federal Claims issued a joint order extending limitations on access to the Federal Courts Building until January 21, 2021. The Federal Circuit also issued a notice with additional information related to the order. Here is the text from the court’s notice.
Opinions & Orders – November 20, 2020
This morning, the Federal Circuit issued a nonprecedential order and a modified precedential opinion in a patent case as well as a nonprecedential opinion in a veterans case. The Federal Circuit also issued two nonprecedential errata. Here are the introductions of the opinions, the text of the order, and the text of the errata.
Recent News on the Federal Circuit
- Supreme Court Denies Patent Petitions on Arthrex, Eligibility – The U.S. Supreme Court denied petitions for certiorari in two cases coming out of the Federal Circuit: IYM Technologies LLC v. RPX Corporation and Advanced Micro Devices, Inc. and WhitServe LLC v. Donuts Inc.
- Amgen, GSK Urge Justices To Allow Patents On Genus Claims – A trio of amicus briefs filed on Monday urge the Supreme Court to grant Merck’s petition for certiorari and ensure that companies are able to patent genus claims.
- COVID-19 Vaccine Leader Moderna “Not Aware of Any Significant Intellectual Property Impediments” in Development of its Vaccine Despite Mixed Results at PTAB – As global leaders in COVID-19 vaccine development receive promising results from their clinical trials, the focus turns to whether legal intellectual property obstacles may impede vaccine distribution.
Here’s the latest.
Opinions & Orders – November 19, 2020
This morning, the Federal Circuit issued three new opinions: two precedential opinions in patent cases and one nonprecedential opinion in another patent case. Here are the introductions to the opinions.
Recent Supreme Court Activity
This post summarizes recent activity at the Supreme Court in cases decided by the Federal Circuit.
- The Supreme Court received three new petitions for writ of certiorari in (1) InfoBionic, Inc. v. Cardionet, LLC, (2) Lone Star Silicon Innovations, LLC v. Iancu, and (3) Kinghorn v. United States.
- Two new responses to petitions were filed with the Court, the first by the Alfred E. Mann Foundation in Cochlear Corp. v. Alfred E. Mann Foundation for Scientific Research, and the second by the government in ThermoLife International LLC v. Iancu.
- One new reply to the petition in Rovi Guides, Inc. v. Comcast Cable Communications, LLC was filed with the Court by Rovi.
- Three amicus briefs were filed in Idenix Pharmaceuticals LLC v. Gilead Sciences, Inc., all in support of Idenix.
- Lastly, the Supreme Court denied the petitions for writ of certiorari in three cases: (1) IYM Technologies LLC v. RPX Corp., (2) Duke University v. Biomarin Pharmaceutical Inc., and (3) Whitserve LLC v. Donuts Inc.
Here are the details.
Opinions & Orders – November 18, 2020
This morning, the Federal Circuit issued a nonprecedential errata. Here is the text of the errata.
Recent En Banc Activity
Here is an update on recent en banc activity at the Federal Circuit. Highlights include a new petition filed in a patent case raising questions related to intervention in inter partes review proceedings; a new response to a petition raising questions related to anticipation of patent claims; the denial of a petition raising questions related to claim preclusion; and the denial of a petition in a pro se case. Here are the details.