FedCircuitBlog

Here is an update on recent en banc activity at the Federal Circuit. Highlights include a new petition raising a question related to patent claim construction and new invitations to respond to petitions in two cases raising questions related to claim preclusion and double patenting. Here are the details.

• Federal Circuit Extends Pandemic-Related Courthouse Closure – Restrictions on public access to the courthouse have been extended due to the pandemic, limiting entry to staff only until September 14.
• Federal Circuit reverses district court finding of patent ineligibility for sex selection technology patents – In XY, LLC v. Trans Ova Genetics, LC, the court found that the asserted claims were directed toward a patent-eligible improvement of a method for sorting particles, rather than an abstract idea.
• “Untethered” Obviousness Determination Reversed – the Federal Circuit vacated and remanded a PTAB finding of unpatentability because the board did not adequately support its reasoning in Alacritech, Inc. v. Intel Corp.

Here’s the latest.

The Federal Circuit did not issue any new opinions this morning.

On Friday, the Federal Circuit issued its opinion in Sanford Health Plan v. United States, a case we have been tracking because it attracted amicus briefs. In the opinion, a panel composed of Judges Dyk, Bryson, and Taranto unanimously affirmed the judgment of the Court of Federal Claims that the Affordable Care Act “provision on reimbursement of cost-sharing reductions is ‘money-mandating’ and that the government is liable for money damages for its failure to make reimbursements for the 2017 reductions.” Here is a summary of the opinion.

This morning, the Federal Circuit issued one nonprecedential opinion in a patent case. Here is the introduction to the opinion.

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 five dispositions, three cases with new briefing, one recent oral argument, and two upcoming oral arguments.

This morning the Federal Circuit issued two precedential opinions in Tucker Act cases and one nonprecedential order denying a writ of mandamus. Here are the introductions to the opinions and text from the order.

• Conventional Technologies Used in Unconventional Ways – The Federal Circuit points out that “conventional separation technologies can be used in unconventional ways” in Illumina, Inc. v. Ariosa Diagnostics, Inc.
• Foreign Visitor’s Unborn Child Not a ‘Person’ – A fetus traveling to the United States does not qualify as a legal “person” under the Vaccine Act.
• Judgment as a Discovery Sanction was Appropriate – A TTAB trademark cancellation in the form of a discovery sanction subsequently affirmed by the Federal Circuit.

Here’s the latest.

The Federal Circuit and Court of Federal Claims entered a joint order today extending their prior order of June 26, which limited access to the National Courts Building, until September 14. The Federal Circuit also issued a notice with additional information related to the order. Here is text from the court’s notice.

This morning the Federal Circuit issued one nonprecedential opinion in a patent case. Here is the introduction to the opinion.