FedCircuitBlog

Here is an update on recent en banc activity at the Federal Circuit. Highlights include a new petition for rehearing in a patent case concerning inter partes review proceedings and prior art. Here are the details.

This morning, the Federal Circuit released two nonprecedential orders and an erratum. One order denies a petition for a writ of mandamus. The other grants a motion to remand for further proceedings. The erratum makes grammatical changes to a precedential opinion released yesterday. Late yesterday, the Federal Circuit also released a nonprecedential order dismissing a petition for review. Here is text from today’s orders and links to the erratum and yesterday’s dismissal.

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:

• an article discussing Apple’s plan to “introduce watches without the blood oxygen monitoring feature” after the Federal Circuit “lifted a stay of the U.S. International Trade Commission’s ban on the original products”; and
• an article highlighting how “[f]our 2023 opinions concerning claim construction from the U.S. Court of Appeals for the Federal Circuit offer lessons on how patent prosecution can affect later litigation.”

This morning, the Federal Circuit released two precedential opinions, four nonprecedential opinions, and one nonprecedential order. One of the precedential opinions addresses an action brought under the Fair Labor Standards Act. The other precedential opinion, which was previously released as a nonprecedential opinion, addresses an appeal from the Trademark Trial and Appeal Board. Two of the nonprecedential opinions address appeals in patent cases—one from the Patent Trial and Appeal Board and another from a district court. The third nonprecedential opinion addresses an appeal from the Court of Appeals for Veterans Claims, ultimately finding a lack of jurisdiction. Finally, the fourth nonprecedential opinion addresses an appeal from the Civilian Board of Contract Appeals. The order dismisses an appeal. Here are the introductions to the opinions and a link to the order.

Earlier this month, the Federal Circuit heard oral argument in Salix Pharmaceuticals, Ltd. v. Norwich Pharmaceuticals Inc., a patent case we are following because it attracted amicus briefs. In this case, the Federal Circuit is reviewing a judgment of the District of Delaware ruling on patent infringement and invalidity claims. The district court held that, if approved, Norwich’s Abbreviated New Drug Application would induce infringement of certain Salix patent claims (the “HE,” “IBS-D,” and “Polymorph” claims). Additionally, the court held that, while Salix’s HE claims are nonobvious and therefore not invalid, the asserted Polymorph and IBS-D claims are invalid as obvious. Both parties appealed the district court’s judgment. This is our argument recap.

This morning, the Federal Circuit released one precedential opinion. It addresses an appeal from a final determination from the International Trade Commission in a patent matter. Here is the introduction to the opinion.

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:

• an article highlighting how “Apple cannot sell two flagship Apple Watch models in the U.S. . . . after the U.S. Court of Appeals for the Federal Circuit ruled the company can no longer sell Series 9 and Ultra 2 Apple Watches with the blood oxygen feature”;
• an article about “an amicus brief filed Tuesday with the U.S. Court of Appeals for the Federal Circuit” where a “federal judge in Delaware defended his authority to compel live testimony”; and
• an article discussing an “attorney representing Amazon at the Federal Circuit test[ing] the patience of U.S. Circuit Judge Raymond Chen on Friday by speaking over another judge and refusing to answer direct questions.”

This morning, the Federal Circuit released one precedential opinion, two orders, and one Rule 36 summary affirmance. The precedential opinion addresses an appeal from a final written decision by the Patent Trial and Appeal Board finding claims unpatentable and denying a revised motion to amend claims. The orders are dismissals. Here is the introduction to the opinion and links to the dismissals and summary affirmance.

This morning, the Federal Circuit released one nonprecedential opinion dismissing an appeal as moot. Here is the introduction to the opinion.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, an opening merits brief was submitted in Harrow v. Department of Defense, a case concerning the Merit Systems Protection Board. With respect to petitions, three new petitions were filed with the Court in one patent case and two pro se cases, a reply brief was filed in a patent case, and the Court denied certiorari in a veterans case. Here are the details.