FedCircuitBlog

This morning the Federal Circuit released a nonprecedential opinion in a patent case appealed from the Eastern District of Virginia. Late Friday and this morning, the Federal Circuit also released two nonprecedential orders dismissing appeals and four Rule 36 judgments. Here is the introduction to the opinion and links to the dismissals and Rule 36 judgments.

Today the Supreme Court granted the petition for certiorari in Amgen Inc. v. Sanofi, Aventisub LLC, a patent case raising questions related to the enablement requirement. Although the petitioner requested review of two distinct questions, the Court granted review only for the second question presented. That question asks “[w]hether enablement is governed by the statutory requirement that the specification teach those skilled in the art to ‘make and use’ the claimed invention, 35 U.S.C. § 112, or whether it must instead enable those skilled in the art ‘to reach the full scope of claimed embodiments’ without undue experimentation—i.e., to cumulatively identify and make all or nearly all embodiments of the invention without substantial ‘time and effort.’” Notably, the Supreme Court granted review of this question despite the contrary view of the Solicitor General. Here are the details.

This morning the Federal Circuit released two precedential opinions. The first opinion comes in a patent case appealed from the District of Delaware. In this opinion, the Federal Circuit affirms the district court’s determination that a party lacks standing as a matter of collateral estoppel and concludes that the same party has standing in a companion case. Notably, Jude Lourie expressed additional views on the matter. The second opinion comes in another patent case, this one appealed from the Northern District of California. In this opinion, the Federal Circuit explains why it reverses the district court’s determination that a party does not have standing and remands the case. This morning the Federal Circuit also released three nonprecedential opinions. Two come in cases appealed from the Merit Systems Protection Board, and one comes in a veterans case appealed from the Court of Appeals for Veterans Claims. 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:

• an article about two recent rulings by the Federal Circuit that may “dent the number of Section 101 motions to dismiss that courts fully or partially grant each year”;
• another article about a Federal Circuit case that would “clear the way for a proposed generic” opioid drug; and
• a blog post about a decision in which the Federal Circuit held “the definition of a claim term in a patent incorporated by reference into the patents at issue does not dictate the definition of claims in the asserted patents.”

This morning the Federal Circuit released a nonprecedential opinion in a veterans case appealed from the Court of Appeals for Veterans Claims. The Federal Circuit also released two nonprecedential orders dismissing appeals and two Rule 36 judgments. Here is the introduction to the opinion and links to the dismissals and Rule 36 judgments.

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, one new petition was filed in a pro se case; the government waived its right to respond in another pro se case; a brief in opposition was filed in a case concerning judicial disqualification; three amicus briefs were filed in a patent case; and the Court denied two petitions, one in a veterans case and another in a pro se case. Here are the details.

Late yesterday and this morning, the Federal Circuit released a Rule 36 judgment and two nonprecedential orders granting motions to voluntarily dismiss appeals. Here are the links to the dismissals and Rule 36 judgment.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received responses to petitions raising questions related to assignor estoppel and inter partes review estoppel. The court also denied a petition filed by a pro se party. Here are the details.

This morning the Federal Circuit released a precedential opinion in a patent case appealed from the Southern District of California. In its opinion, the Federal Circuit reversed a district court’s claim construction, vacated its grant of summary judgment, and remanded the case. The Federal Circuit also released five nonprecedential orders late yesterday and this morning. Three grant motions to voluntarily dismiss appeals, and two dismiss appeals for failure to prosecute. Here is the introduction to the opinion and links to the dismissals.

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

• a blog post about a Federal Circuit decision “vacat[ing] two separate preliminary injunction orders . . . against hoverboard products;”
• an article about amicus briefs supporting a petition for certiorari asking “the U.S. Supreme Court to do away with the Federal Circuit precedent barring infringement suits on patents the Patent Trial and Appeal Board has invalidated;” and
• another article about the “impact of Judge Garcia’s order” on the number of patent case filings in the Western District of Texas.