FedCircuitBlog

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include three new petitions (including, notably, in Arthrex, Inc. v. Smith & Nephew, Inc.), a response to the petition and several amicus briefs in support of the petition in American Axle & Manufacturing, Inc. v. Neapco Holdings LLC, and the denial of three petitions. Here are the details.

This morning the Federal Circuit issued two precedential opinions, both in patent cases. Here are the introductions to the opinions.

This month we highlight three recent papers addressing the Federal Circuit and the areas of law under its jurisdiction. One paper promotes the idea of allowing agencies, such as Veterans Affairs, to aggregate individual claims, such as through class action lawsuits. Another paper focuses on the impact of the Supreme Court’s affirmance of the Federal Circuit’s conclusion that the statutory ban on registration of immoral marks is unconstitutional. And the third paper proposes that appellate courts defer to jury determinations of fair use of copyrights—a standard of review the Federal Circuit notably did not use in its consideration of the dispute between Google and Oracle now pending at the Supreme Court.

This morning the Federal Circuit issued a precedential opinion in a patent case and a nonprecedential opinion in another patent case.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

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights recent discussion of march-in rights by Democratic candidates for president, identification of a trend toward use of the enablement requirement rather than the written description requirement to invalidate patent claims in the life-sciences, and analysis of a revised dataset exploring the divergence in treatment of patent eligibility between the United States and the European Patent Office and/or China.

This morning the Federal Circuit issued two precedential opinions in patent cases. Here are the introductions to the opinions.

As a reminder, once a month we provide an update on activity in cases pending before panels of the Federal Circuit where the cases involve at least one amicus brief. Today with respect to these cases we highlight one opinion, briefing in six cases, a recent oral argument, and three upcoming oral arguments. (Note you can always find information related to these cases on our “Other Cases” page.) On to the update.

This morning the Federal Circuit issued one nonprecedential opinion in a government contract dispute. Here is the introduction.

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights commentary regarding the oral argument at the Supreme Court in Maine, Moda, and Land of Lincoln, a summary of the Supreme Court’s decision in Peter v. Nantkwest, and a report on an attorney (who recently made news for his arguments in an appeal at the Federal Circuit) being ordered to leave a courtroom in the Second Circuit.

On Tuesday the Supreme Court heard oral argument in Maine Community Health Options v. United States, Moda Health Plan Inc. v. United States, and Land of Lincoln Mutual Health Insurance Company v. United States. While both the insurance companies and the government faced a barrage of questions challenging their positions, the government seemed to face more significant resistance to its position. In short, it sounded like several members of the Court lean toward requiring the government to pay the insurance companies for losses incurred in participating in the health insurance market in reliance on a provision in the Affordable Care Act.