FedCircuitBlog

Last month the Federal Circuit issued its opinion in Salix Pharmaceuticals, Ltd. v. Norwich Pharmaceuticals Inc., a patent case that attracted an amicus brief. In this case, the Federal Circuit reviewed a judgment by the District of Delaware, which held that Norwich infringed certain patent claims but that other claims were invalid for obviousness. After Norwich amended its Abbreviated New Drug Application to remove the infringing indication, Norwich sought to modify the judgment, contending the amendment negated any possible infringement. The district court, however, denied its motion. The Federal Circuit, in an opinion authored by Judge Lourie that was joined by Judge Chen, affirmed the judgment of the district court. Judge Cunningham, however, filed a dissenting opinion. This is our opinion summary.

This morning the Federal Circuit released one nonprecedential opinion dismissing an appeal from the Court of Appeals for Veterans Claims for lack of jurisdiction. Here is the introduction to the opinion.

As we explained earlier this week, two cases that will be argued in June at the Federal Circuit attracted amicus briefs. The second of those cases is Bureau National Interprofessionnel Du Cognac v. Cologne & Cognac Entertainment. In this case, the Federal Circuit will review a judgment of the Trademark Trial and Appeal Board, which dismissed an opposition against Cologne & Cognac Entertainment’s mark. 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:

• an article reporting on the Federal Circuit’s biennial judicial conference in which six Federal Circuit judges “appeared on a panel . . . to discuss best-and worst-practices” used by appellate litigators in court; and
• an article discussing implications of the Federal Circuit’s recent elimination of its historical test for design patent law’s nonobviousness requirement; and
• another article reporting on the Federal Circuit’s biennial judicial conference in which Chief Justice Roberts spoke about “the Federal Circuit’s own important role in deciding intellectual property disputes, from copyrights to patents.”

This morning the Federal Circuit released one precedential opinion and one nonprecedential opinion. The precedential opinion affirms in part and reverses and remands in part for further proceedings a dismissal by the Court of Federal Claims of five claims raising statutory, contract, and constitutional issues. The nonprecedential opinion affirms a judgment of the Merit Systems Protection Board. Here are the introductions to the opinions.

Two cases that will be argued in June at the Federal Circuit attracted amicus briefs. One of those cases is Freund v. McDonough. In this case, the Federal Circuit will review a judgment of the Court of Appeals for Veterans Claims, which dismissed the case as moot and denied Freund’s request for class action and class certification. This is our argument preview.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, we are still waiting on the Supreme Court to issue opinion in one case. With respect to petitions, one new petition was filed with the Court in a patent case, one new waiver of the right to respond was filed in a pro se case, three new replies were filed in separate Merit Systems Protection Board cases all presenting the same question for review, and the Court denied two petitions in a pro se case and in a patent case. Here are the details.

This morning the Federal Circuit released one nonprecedential opinion and two nonprecedential orders. The nonprecedential opinion affirms a judgment of the Patent Trial and Appeal Board in an ex parte reexamination. The first order transmits a petition to a district court to be docketed as a notice of appeal, while the second order is a dismissal. Here is the introduction to the opinion and links to the orders.

Here is an update on activity in cases pending before panels of the Federal Circuit where the cases involve at least one amicus brief. We keep track of these cases in the “Other Cases” section of our blog. Today with respect to these cases we highlight three new opinions and dispositions in a Little Tucker Act case, a case appealed from the Merit Systems Protection Board, a takings case, and a patent case. We also highlight three new cases that attracted amicus briefs: a patent case, a trademark case, and a veterans case. We also highlight new briefing in four patent cases as well as recent oral arguments in a patent case and government contract case. Here are the details.

This morning the Federal Circuit released one nonprecedential opinion and seven nonprecedential orders. The opinion affirms a district court’s judgment based on lack of patent-eligible subject matter. One of the orders transfers an appeal from to the Ninth Circuit, one terminates an appeal and transfers the case to the Court of Federal Claims, and one denies a petition for a writ of mandamus. The other four orders are dismissals. Here is the introduction to the opinion and links to the orders.