FedCircuitBlog

Here is this month’s 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 six dispositions, one new case, one case with new briefing, and one oral argument recap. Here are the details.

This morning the Federal Circuit issued two precedential opinions in patent cases appealed from the Patent Trial and Appeal Board, two nonprecedential opinions in another patent case appealed from the Patent Trial and Appeal Board and an employment case, a Rule 36 judgment, and one erratum. Here are the introductions to the opinions and links to the relevant orders.

Federal Circuit Upholds Teva-GlaxoSmithKline Decision, Landing Another Blow to ‘Skinny’ Labels – On EndPointsNews, Zachary Brennan wrote about the Federal Circuit’s most recent disposition in the case GlaxoSmithKline LLC v. Teva Pharmaceuticals USA, Inc. and its impact on generic drug competition.

CAFC Again Says Teva Induced Infringement on Carvedilol, Assures Holding Narrowly Applies – Eileen McDermott also reports on GlaxoSmithKline LLC v. Teva Pharmaceuticals USA, Inc., noting that the Federal Circuit “underscored its October 2020 ruling.”

Fed Circ Upholds VA Cutoff On Resuming Disability Benefits – Barbara Grzincic wrote an article for Reuters explaining the Federal Circuit’s decision in Buffington v. McDonough.

Is the Federal Circuit Too Trigger-Happy Invalidating Means Claims? – This question is asked by Dennis Crouch on PatentlyO, where Crouch focuses on “an interesting petition to the Supreme Court focusing on indefiniteness and means-plus-function claims.”

This morning the Federal Circuit issued two nonprecedential opinions in patent cases appealed from the United States Patent and Trademark Office, a nonprecedential order denying a petition for writ of mandamus along with a concurring opinion by Judge Reyna, and one Rule 36 judgment. Here are the introductions to the opinions and order and a link to the Rule 36 judgment.

This morning the Federal Circuit released three precedential opinions, one in a patent case and two in employment cases. The precedential patent opinion addresses eligibility. The two precedential employment opinions address the interpretation and application of 38 U.S.C. § 714, which governs the removal, demotion, or suspension of employees of the Department of Veterans Affairs based on performance or alleged misconduct. Notably, Judge Newman dissented in one of these employment cases. The court also released a nonprecedential opinion in another patent case, and that opinion addresses claim construction. Here are the introductions to the opinions.

This morning the Federal Circuit announced revised protocols for in-person arguments that apply starting with the court’s September 2021 hearings, which begin on Monday, August 30. Notably, compared to the protocols issued in June, the court reduced the number of non-arguing attendees from two to one per arguing counsel; the court adjusted the protocols to require vaccinated individuals to wear masks in the court building; and now, “[t]o enter the courtroom, counsel and attendees will be required to attest to the fact that they are fully vaccinated or have received a negative COVID19 test administered within the prior 48 hours.” Here is the text of this morning’s announcement, with links to the revised protocols and related documents.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. Currently, with respect to the Supreme Court’s October 2021 term, the Court has not granted any petitions in cases decided by the Federal Circuit. As for pending petitions, since our last update four new petitions were filed in a patent case, a case challenging the Federal Circuit’s use of Rule 36 summary affirmances, and two pro se cases; the government submitted waivers of right to respond in four pro se cases; and the government filed a brief in opposition in a veterans case. Here are the details.

This morning the Federal Circuit issued a precedential opinion in a case appealed from the Court of Federal Claims, a precedential opinion in patent case, and a nonprecedential decision in a government contract case. Judge Newman dissented in the case appealed from the Court of Federal Claims. Here are the introductions to the opinions.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received three petitions concerning issues related to transfer and petitions for writs of mandamus, inter partes review and deference to the Patent Trial and Appeal Board, and anticipation. The court also invited a response to a petition concerning the scope of appellate review. Lastly, the court denied a petition in a case concerning induced infringement and the Hatch-Waxman Amendments. Here are the details.

The Federal Circuit did not release any opinions or orders this morning on its website.