FedCircuitBlog

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

• an article discussing the impact of the Supreme Court’s recent holding in Amgen v. Sanofi concerning patent law’s enablement requirement;
• a blog post highlighting the “Supreme Court’s [n]on-[e]ngagement with the Federal Circuit” in Amgen v. Sanofi; and
• an article analyzing two recent appeals concerning the constitutionality of state laws “that target companies that generate revenue through patent licensing and infringement litigation rather than producing protected inventions.”

As we previously mentioned, four cases being argued in June at the Federal Circuit attracted amicus briefs. Two of those cases are appeals from ex parte reexaminations involving the same appellant, Cellect, LLC. In In re Cellect, LLC (“Cellect I”), the Federal Circuit will review a judgment of the Patent Trial and Appeal Board finding patent claims unpatentable for obviousness-type double patenting. This is our argument preview.

Late yesterday, the Federal Circuit released three nonprecedential orders dismissing appeals. Here are links to the dismissals.

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. While no new petitions were filed with the Court, waivers of right to respond were filed in two pro se cases; a brief in opposition was filed in a patent case; reply briefs in support of petitions were filed in a patent case and in two veterans cases; amicus briefs were filed in two patent cases; and the Court denied certiorari in three patent cases. Here are the details.

As we mentioned yesterday, four cases being argued in June at the Federal Circuit attracted amicus briefs. One of those cases is Teradata Corp. v. SAP SE. In this case, the Federal Circuit will review a district court’s grant of summary judgment dismissing tying and trade secret claims. This is our argument preview.

This morning, the Federal Circuit released a precedential opinion in a case appealed from the Court of Federal Claims addressing the Clean Water Act. Here is the introduction to the opinion.

Yesterday, the Federal Circuit announced that it intends to sit in the Atlanta area as part of its October 2023 session. Here is the full text of the announcement.

This morning, the Federal Circuit released a precedential opinion in a case appealed from the Court of Federal Claims addressing entitlement to military disability retirement pay. The court also released a nonprecedential opinion in a pro se case appealed from Merit Systems Protection Board. Here are the introductions to the opinions.

Four cases being argued in June at the Federal Circuit attracted amicus briefs. One of those cases is DiMasi v. Secretary of Health and Human Services, a pro se vaccine case. In it, the Federal Circuit will review a determination by the Court of Federal Claims that a “Special Master’s denial of relief from judgment was not an abuse of discretion.” Notably, after the pro se petitioner filed informal briefs, the court issued an order appointing two attorneys to serve jointly as amicus curiae in support of the pro se petitioner’s appeal. Moreover, despite the fact that the petitioner is representing herself, the Federal Circuit has set the case for an oral argument. This is our argument preview.

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

• a blog post discussing the Solicitor General’s amicus brief urging the Supreme Court to deny certiorari in a case concerning inter partes review estoppel; and
• an article highlighting takeaways from a recent precedential opinion by the Federal Circuit addressing analogousness of prior art references.