This morning the Federal Circuit did not issue any opinions or orders given the Independence Day federal holiday. Happy Fourth of July tomorrow!
Recent News on the Federal Circuit
- Amgen Defeats Appeal Over Arthritis Drug Patents – Amgen successfully defends its multi-billion-dollar arthritis drug patents in the Federal Circuit on Wednesday.
- Federal Circuit Affirms PTAB Ax Of Aircraft Space-Saving IP – The Federal Circuit, in a precedential decision, invalidated two aircraft patents in B/E Aerospace Inc. v. C&D Zodiac Inc.
- No rehearing for Biogen in Tecfidera patent appeal – Biogen was denied an en banc rehearing of Biogen International GmbH v. Banner Life Sciences LLC, finalizing Banner’s win in the Federal Circuit.
Here’s the latest.
Opinions & Orders – July 2, 2020
This morning, the Federal Circuit issued two precedential opinions in tax and trade cases. The court also issued one nonprecedential opinion in a patent case.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 five new petitions this week: (1) Thomas v. Iancu, (2) United States v. Arthrex, Inc., et al., (3) Louis A. Piccone v. United States Patent and Trademark Office, (4) Richard Polidi v. Michelle K. Lee, et al., and (5) Michael A. Henry-Bey v. Hector Castro, et al.
- Syngenta Crop Protection, LLC submitted its brief in opposition to the Court in Willowood, LLC v. Syngenta Crop Protection, LLC.
- Finally, the Court denied petitions in Chrimar Systems, Inc. v. Ale USA Inc. and Ford Motor Co. v. United States.
Here are the details.
New Federal Circuit Rules Go Into Effect Today
This morning the Federal Circuit issued an announcement reminding the public that its most recent amendments to its Rules go into effect today and apply to all cases filed or pending on or after today. Based on new provisions in the Rules, the Clerk of Court today also issued updated versions of the court’s forms, Electronic Filing Procedures, Guide for Oral Argument, and Guide for Unrepresented Parties. The Clerk also issued two notices, one establishing rates for taxation of costs and another addressing electronic filing for unrepresented parties. Here is the text of this morning’s announcement.
Opinions & Orders – July 1, 2020
This morning the Federal circuit issued two precedential opinions in patent cases, one precedential opinion in a vaccine case, and three nonprecedential opinions in patent cases. Here are the introductions to the opinions.
Recent En Banc Activity
Here is an update on recent en banc activity at the Federal Circuit. Highlights include the filing of the opening brief in National Organization of Veterans Advocates, Inc. v. Secretary of Veterans Affairs, in which the Federal Circuit granted a petition for initial hearing en banc to address two questions related to jurisdiction and veterans law. As for petitions in patent cases, highlights include a new petition raising questions related to restriction requirements and patent term adjustments; a new response to a petition raising questions related to obviousness; a new invitation for a response to a petition raising questions related to injunctive relief; and the denial of three petitions raising questions related to claim construction, prevailing party status, and forum selection clauses. Here are the details.
Opinions & Orders – June 30, 2020
This morning the Federal Circuit issued one nonprecedential opinion in a patent case. Here is the introduction to the opinion.
Recent News on the Federal Circuit
- Two of Nike’s Flyknit Patents Prevail – Adidas was unable to prove two of Nike’s Flyknit technology patents were unpatentable as obvious.
- Parts of Shoe Illumination Patent Invalidated – In Shoes by Firebug LLC v. Stride Rite Children’s Grp., LLC, the court affirmed the PTAB’s decision finding the claims obvious.
- Federal Circuit Issues Modifications to Building Access Order – Limited building access now allowed on a case-by-case basis.
Here’s the latest.
Modifications to Access Restrictions for the National Courts Building
On Friday, the Federal Circuit and Court of Federal Claims entered a joint order modifying their prior order of March 16, which limited access to the National Courts Building complex. The Federal Circuit also issued an announcement with additional information related to the order. Here are the details.