This morning, the Federal Circuit issued a precedential opinion in an employment case appealed from the Court of Federal Claims. The court also issued four nonprecedential opinions in a veterans case, a case appealed from the Merit Systems Protection Board, a patent case appealed from the Patent Trial and Appeal Board, and another patent case appealed from the International Trade Commission. Here are the introductions to the opinions.
Opinions & Orders – March 12, 2021
This morning, the Federal Circuit released a precedential opinion affirming a decision to unseal an amended complaint in a patent case, a nonprecedential opinion in a patent case affirming a denial of a motion to compel arbitration, and a precedential order dismissing an appeal and denying mandamus with respect to a denial of institution of an inter partes review by the Patent Trial and Appeal Board. The court also issued a Rule 36 judgment. Here are the introductions to the opinions, text from the order, and a link to the Rule 36 judgment.
Opinions & Orders – March 11, 2021
This morning, the Federal Circuit issued a precedential opinion in a case involving an appeal from the Merit Systems Protection Board and a precedential opinion in a patent case addressing eligible subject matter. Additionally, the court issued three nonprecedential opinions: two in patent cases and one in a government contract case involving a bid protest. Finally, the court issued two Rule 36 judgments. Here are the introductions to the opinions and the links to the Rule 36 judgments.
Recent Supreme Court Activity
Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit.
- The Court received seven new amicus briefs in a case that has been granted certiorari, Minerva Surgical, Inc. v. Hologic, Inc.
- The Court received five new petitions for writ of certiorari.
- One new response brief was filed with the Court in Iancu v. Fall Line Patents, LLC.
- One new reply brief was filed with the Court in Argentum Pharmaceuticals LLC v. Novartis Pharmaceuticals Corporation.
- In petition cases, the Court received six new amicus briefs in American Axle & Manufacturing, Inc. v. Neapco Holdings LLC, two new amicus briefs in Amarin Pharma, Inc. v. Hikma Pharmaceuticals USA Inc., and one new amicus brief in Oracle America, Inc. v. United States.
- Lastly, the Court denied the petition for writ of certiorari in Christy, Inc. v. United States.
Here are the details.
Opinions & Orders – March 10, 2021
This morning, the Federal Circuit released a precedential opinion in a government contracts case concerning disaster-assistance funds distributions from FEMA. The court also released six nonprecedential opinions in patent cases. Here are the introductions to the opinions.
Recent En Banc Activity
Here is an update on recent en banc activity in patent cases at the Federal Circuit. It has been a quiet week. A new petition was filed in a case raising questions related to inter partes review and remedies, and a response was filed to a patent petition raising questions related to eligible subject matter and deference to the Patent Trial and Appeal Board. See the details of these cases below.
Opinions & Orders – March 9, 2021
This morning, the Federal Circuit issued four precedential opinions: two in patent cases, one in a Merit Systems Protection Board case, and one involving an appeal of a district court’s order transferring a case to the Court of Federal Claims. Also, late yesterday the Federal Circuit issued a nonprecedential order in a patent case granting a petition for a writ of mandamus and ordering a district court within 30 days to issue a ruling on a motion to transfer. Here are the introductions to the opinions and text from the order.
Recent News on the Federal Circuit
- U.S. v. Arthrex: Is Historical Practice of the USPTO Relevant? – One factor that the Supreme Court may consider in determining the appropriate remedy if necessary for the appointment of administrative patent judges is the historical practice of the USPTO.
- Apple Faces Dubious Federal Circuit on Patent Ownership Argument – Judges Chen and Linn of the Federal Circuit seemed to doubt the interpretation of the contract language that Apple is relying on to challenge Omni MedSci’s ownership of the allegedly infringed patents.
- Federal Circuit on TM Licensing: We’re Going to Enforce the Terms – The Federal Circuit held that the Army properly refused Authentic Apparel’s proposal to make certain Army-branded items, including the expansion of a clothing line featuring Dwayne “The Rock” Johnson.
Here’s the latest.
Argument Recap – Omni Medsci, Inc. v. Apple Inc.
As we have been reporting, the Federal Circuit this month scheduled three oral arguments in cases that attracted amicus briefs. In one of these cases, Omni Medsci, Inc. v. Apple Inc., the court heard argument Thursday regarding two different district courts’ holdings with respect to an alleged standing problem related to the plaintiff, Omni Medsci. This is our argument recap.
Opinions & Orders – March 8, 2021
This morning, the Federal Circuit issued a precedential opinion in an alleged government contract case and a nonprecedential information in a patent case. The court also issued three Rule 36 judgments. Here are the introductions to the opinions and links to the Rule 36 judgments.