This morning the Federal Circuit announced that due to weather it is inaccessible today and that nonelectronic filings due today will be deemed timely if received tomorrow. Here is the full text of today’s announcement.
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 three new petitions for writ of certiorari in the following cases: (1) Hyundai Heavy Industries Co. v. United States, (2) Sandoz Inc. v. Immunex Corp., and (3) Gadsden Industrial Park, LLC v. United States.
Here are the details.
Opinions & Orders – February 17, 2021
This morning, the Federal Circuit issued a precedential opinion in a veterans case. Here is the introduction to the opinion.
Recent News on the Federal Circuit
- Federal Circuit Affirms Government’s E-Passport Patent Win – The United States’s e-passport technology was found to have not infringed Iris Corporation Berhad’s patent in a ruling issued by the Federal Circuit
- Federal Circuit Judge ‘Baffled’ By Mylan Position In PTAB Appeal – Judge Moore expressed her confusion at the prospect of Mylan’s attorney not requesting mandamus relief during oral arguments on Friday.
- Federal Circuit Affirms District Court Finding that Fax/Scanner Patent Claims Are Indefinite – In Infinity Computer Products, Inc. v. Oki Data Americas, Inc., the Federal Circuit affirmed the lower court’s finding of indefiniteness for Infinity’s fax/scanner patent.
Here’s the latest.
Opinions & Orders – February 16, 2021
This morning, the Federal Circuit issued one nonprecedential opinion in a patent case and one nonprecedential opinion in an international trade case. Here are the introductions to the opinions.
Recent En Banc Activity
Here is an update on recent en banc activity at the Federal Circuit. It has been a quiet week. Highlights include a second caption change in a veterans case pending before the en banc court, a grant of panel rehearing in a patent case raising a question concerning inducement of infringement in the context of Hatch-Waxman, and a denial of a petition in a patent case raising questions related to enablement and claim construction. Here are the details.
Opinions & Orders – February 15, 2021
Happy Presidents Day! The Federal Circuit did not publish any opinions or orders this morning given the federal holiday.
Update on Important Panel Activity
Here is this month’s update on activity in cases pending before panels of the Federal Circuit where the cases attracted 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 two dispositions, one in a veterans case addressing allegations of delay violating due process and one in a patent case addressing the enablement requirement. We also highlight two new patent cases, one addressing claim construction and the non-obviousness requirement and the other addressing the first-to-file rule and patent eligibility. We also note three upcoming oral arguments. Here are the details.
Opinions & Orders – February 12, 2021
This morning, the Federal Circuit issued a precedential opinion in a patent case and three nonprecedential opinions: one in a veterans case, one in a patent case, and one in a case appealed from the Merit Systems Protection Board. Here are the introductions to the opinions.
Opinion Summary – Amgen Inc. v. Sanofi, Aventisub LLC
Yesterday, the Federal Circuit issued its opinion in Amgen Inc. v. Sanofi, Aventisub LLC, a patent case we have been tracking because it attracted amicus briefs. Judge Lourie authored the unanimous opinion, which affirmed a district court’s judgment as a matter of law of lack of enablement. The Federal Circuit agreed that undue experimentation would be required to practice the full scope of antibody claims in Amgen’s patents. This is our opinion summary.