Opinions

Opinions & Orders – June 17, 2020

This morning the Federal Circuit issued one precedential opinion in a patent case and one nonprecedential opinion in a patent case. Here are the introductions to the opinions.

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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 in patent cases. Highlights include new petitions filed in three cases raising questions related to standing, obviousness, and eligibility; a new invitation for a response in a case raising questions related to obviousness; two new amicus briefs in cases raising questions related to claim construction, joinder, and deference to Precedential Opinion Panels; and the denial of seven petitions raising questions related to claim construction, eligibility, novelty, non-obviousness, and the Appointments Clause. Here are the details.

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Opinions

Opinions & Orders – June 16, 2020

This morning the Federal Circuit issued one nonprecedential opinion in a Merit Systems Protection Board case, one nonprecedential opinion in a patent case, and one nonprecedential order denying a petition for a writ of mandamus related to a motion to transfer. Here are the introductions to the opinions and the text of the order.

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News

Recent News on the Federal Circuit

Here’s the latest.

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Opinions

Opinions & Orders – June 15, 2020

This morning the Federal Circuit issued two precedential opinions in government contracts cases, one precedential opinion in a trade case, and one nonprecedential opinion in a Merit Systems Protection Board case. The court also issued six nonprecedential Rule 36 judgments. Here are the introductions to the opinions and the Rule 36 judgments.

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Argument Recap

Argument Recap – Takeda Pharmaceuticals U.S.A. v. Mylan Pharmaceuticals Inc.

This month the Federal Circuit heard oral argument in two related cases that attracted amicus briefs, Takeda Pharmaceuticals U.S.A. v. Mylan Pharmaceuticals Inc. and Takeda Pharmaceuticals U.S.A. v. Alkem Laboratories Limited. In these cases, the court confronted breach of contract and patent infringement claims against two different alleged infringers–Mylan and Alkem. As we noted in our argument preview, Takeda argues that Section 1.2(d) of license agreements with the accused infringers does not allow for the production of generic versions of Takeda’s patented product at this time. Mylan and Alkem, along with the district court, disagree. The Federal Circuit consolidated the cases for argument purposes only, and the parties presented their arguments to a panel including Chief Judge Prost and Judges Newman and Hughes. This is our argument recap.

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Opinions

Opinions & Orders – June 12, 2020

This morning the Federal Circuit issued one precedential opinion in a government contract case, two nonprecedential opinions in patent cases, two nonprecedential opinions in veterans cases, and one nonprecedential erratum. The court also issued two nonprecedential Rule 36 judgments. Here are the introductions to the opinions, the text of the erratum, and the Rule 36 judgments.

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News

Recent News on the Federal Circuit

Here’s the latest.

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Opinions

Opinions & Orders – June 11, 2020

This morning the Federal Circuit issued one precedential opinion in a Merit Systems Protection Board case; one precedential opinion in a veterans case; two nonprecedential opinions in veterans cases; and one nonprecedential opinion in a patent case. Here are the introductions to the opinions.

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Petitions / Supreme Court Activity

Recent Supreme Court Activity

This post summarizes recent activity at the Supreme Court in cases decided by the Federal Circuit.

Here are the details.

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