Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights a discussion of the Federal Circuit’s treatment of Patent Trial and Appeal Board decisions, articles about two decisions by the Federal Circuit in pharmaceutical patent cases, and a comment on the upcoming use of telephonic oral arguments.
Today’s Opinions – March 30, 2020
The Federal Circuit did not issue any opinions this morning.
Argument Preview – Bio-Rad Laboratories, Inc. v. 10X Genomics Inc.
The only case being argued next week that attracted an amicus brief is Bio-Rad Laboratories, Inc. v. 10X Genomics Inc. The appellant in this case, 10X Genomics,Inc., presented five issues for the court to review, covering aspects of literal infringement, infringement under the doctrine of equivalents, claim construction, damages, and injunctive relief. The amicus brief, however, focused only on the issue of injunctive relief. This case will be argued at the Federal Circuit on Friday, April 10. This is our argument preview.
Today’s Opinions – March 27, 2020
This morning the Federal Circuit issued one precedential opinion in an antidumping case and one nonprecedential order in a patent case. Here is the introduction to the opinion and the text of the order.
Recent News on the Federal Circuit
Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights two articles discussing the Federal Circuit’s denial of en banc rehearing in Arthrex, Inc. v. Smith & Nephew, Inc., a report on upcoming oral arguments set to be heard before the Federal Circuit over plutonium fines, and a preview of the oral argument to be heard before the Supreme Court in Google LLC v. Oracle America, Inc.
Today’s Opinions – March 26, 2020
Today the Federal Circuit issued two nonprecedential opinions in patent cases. Here are the introductions to the opinions.
Recent Supreme Court Activity
Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, there is no activity to report. With respect to petitions cases, one new petition was filed in a case presenting a question related to importation patent infringement and copyright infringement, and three amicus briefs were filed in support of a petition raising questions related to trade and procedural law. Additionally, the Supreme Court denied five petitions related to patent eligibility and veterans law. Here are the details.
Today’s Opinions – March 25, 2020
This morning the Federal Circuit issued one precedential opinion in a takings case, two nonprecedential opinions in patent cases, one nonprecedential order denying a petition for a writ of mandamus, and one nonprecedential erratum. Here are the introductions to the opinions, the text of the order, and the text of the erratum.
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 five cases raising questions related to the Appointments Clause, marking and notice, and definiteness; one response to a petition raising questions related to collateral estoppel and inter partes review; one request by the Federal Circuit for a response to a petition raising questions related to collateral estoppel and the doctrine of equivalents; and the denial of petitions in three cases (including, notably, Arthrex). Here are the details.
Today’s Opinions – March 24, 2020
The Federal Circuit did not issue any opinions this morning.