Opinions

Opinions & Orders – May 21, 2021

The Federal Circuit did not release any opinions or orders this morning.

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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.

  • The Court invited the Acting Solicitor General to file a brief in American Axle & Manufacturing, Inc. v. Neapco Holdings LLC, a patent case presenting questions related to eligibility.
  • Five new petitions were filed in patent, veterans, Tucker Act, and trademark cases.
  • Seventeen new briefs in opposition were filed in sixteen cases.
  • Five new reply briefs were filed.
  • One supplemental brief was filed.
  • One amicus brief was filed in a patent case.
  • Five waivers of right to respond were submitted.
  • The Court denied eight petitions.

Here are the details.

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Opinions

Opinions & Orders – May 20, 2021

This morning the Federal Circuit issued a precedential opinion reversing a judgment of the United States Court of Federal Claims in a vaccine case. The court also issued two nonprecedential opinions, one in a veterans case and one in a patent case. Here are the introductions to the opinions.

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News

Recent News on the Federal Circuit

Here’s the latest.

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Opinions

Opinions & Orders – May 19, 2021

This morning the Federal Circuit issued a nonprecedential opinion in a case appealed from Patent Trial and Appeal Board. In it, the court affirmed a judgment that the claims at issue are ineligible for patenting under under 35 U.S.C. § 101. Here is the introduction to the opinion.

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En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit. We are still waiting for the court to issue an opinion in Arellano v. McDonough, an en banc veterans case. As for pending petitions in patent cases, highlights include new petitions concerning Patent Trial and Appeal Board termination of inter partes review proceedings, reviewability of Board discovery rulings related to real-party-in-interest disputes, the utilization of expert witnesses in district court summary judgment proceedings, and standing before the Board. Here are the details.

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Opinions

Opinions & Orders – May 18, 2021

This morning the Federal Circuit issued two nonprecedential opinions in patent cases affirming decisions of the Patent Trial and Appeal Board of the United States Patent and Trademark Office. Here are the introductions to the opinions.

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News

Recent News on the Federal Circuit

Here is the latest.

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Opinions

Opinions & Orders – May 17, 2021

This morning the Federal Circuit issued one precedential opinion affirming the United States Court of Federal Claims in a Tucker Act case. Here is the introduction to the opinion.

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Argument Recap / Featured / Supreme Court Activity

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

On April 21, the Supreme Court heard oral argument in Minerva Surgical, Inc. v. Hologic, Inc. As we highlighted in our argument preview, the question presented to the Court was “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.” In other words, the parties argued for and against the doctrine of assignor estoppel. This is our argument recap.

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