FedCircuitBlog

In February, the Federal Circuit heard oral argument in Jazz Pharmaceuticals, Inc. v. Avadel CNS Pharmaceuticals LLC, a patent case that attracted an amicus brief. In this case, the Federal Circuit is reviewing a determination by a district court that Jazz must request the Food and Drug Administration remove (or “delist”) one of its patents from the FDA’s so-called Orange Book because that patent was improperly listed. The panel hearing the oral argument included Judges Lourie, Reyna, and Taranto. This is our argument recap.

This morning the Federal Circuit released one precedential opinion and four nonprecedential orders. In the precedential opinion, the court affirmed a case appealed from the Court of International Trade. Three of the nonprecedential orders dismiss appeals and one is an erratum. Here is the introduction to the opinion and links to the dismissals and erratum.

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 new activity to report since our last update. With respect to petitions, four new petitions were filed with the Court: one in a veterans case, one challenging the Federal Circuit’s use of summary affirmances, and two in pro se cases. The government waived its right to respond in a contract case, and a private party waived its right to respond in the case addressing the Federal Circuit’s use of summary affirmances. Finally, the Court denied a petition in a patent case. Here are the details. 

Late yesterday and this morning, the Federal Circuit released two nonprecedential opinions and five nonprecedential orders. In the first nonprecedential opinion, the court vacated and remanded a judgment of the Patent Trial and Appeal Board. In the second nonprecedential opinion, the Federal Circuit affirmed a judgment in an appeal from the District of Delaware. In two nonprecedential orders, the Federal Circuit denied petitions in cases originating in the Western District of Texas and the Eastern District of Texas. The three additional nonprecedential orders dismiss appeals. Here are the introductions to the opinions, text from the orders, and links to the dismissals.

In February, the Federal Circuit heard oral argument in Realtime Data LLC v. Array Networks Inc., a patent case. In this case, the Federal Circuit is reviewing a determination by a district court that Realtime’s patents are directed to an abstract idea and lack inventive concept and are thus invalid under 35 U.S.C. § 101. The panel hearing the oral argument included Judges Newman, Reyna, and Taranto. This is our argument recap.

Today the Federal Circuit issued a Notice of New Federal Circuit Rules, Court Forms, Guides, and Filing Resources. The notice highlights how the Federal Circuit Rules of Practice, forms, and procedures have been updated given Amendments to the Federal Circuit Rules announced last week that take effect today. Here is the full text of the announcement.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received a petition raising questions related to claim construction and another petition raising questions related to prosecution laches, and the court also invited a response to the same petition raising questions related to prosecution laches. Here are the details.

This morning the Federal Circuit released five nonprecedential orders dismissing appeals. Here are links to the dismissals.

The Federal Circuit recently issued its opinion in Behrens v. United States, a takings case we have been following because it attracted amicus briefs. In the case, the Behrens appealed a determination by the Court of Federal Claims that the Behrens were not entitled to compensation because the scope of an easement was broad enough to encompass railbanking and the construction of a hiking and biking trail. In an opinion authored by Judge Dyk and joined by Judges Taranto and Hughes, the Federal Circuit reversed the judgment of the Court of Federal Claims and remanded the case. This is our opinion summary.

This morning the Federal Circuit released one precedential opinion and two nonprecedential opinions.  In the precedential opinion, the court dismissed a case appealed from the Merit Systems Protection Board. In the first nonprecedential opinion, the court affirmed a judgment of the the Court of Federal Claims. In the second nonprecedential opinion, the Federal Circuit affirmed another judgment in an appeal from the Middle District of Florida.  Here are the introductions to the opinions.