FedCircuitBlog

This post summarizes the recent activity at the Supreme Court in cases decided by the Federal Circuit.

• The Chamberlain Group filed a new petition in The Chamberlain Group, Inc. v. Techtronic Industries Co., et al.
• In Baley v. United States, the United States and the Pacific Coast Federation of Fishermen’s Associations both filed briefs in opposition.
• In Celgene Corp. v. Peter, Celgene Corp. submitted its reply to the petition of certiorari.

Here are the details.

This morning the Federal Circuit issued a precedential opinion in a patent case and a nonprecedential order denying a petition for a writ of mandamus. Here is the introduction to the opinion and the text of the order.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include new petitions filed in five cases raising questions related to claim construction, the Appointments Clause, and obviousness; an invitation for a response in one case raising questions related to inequitable conduct and obviousness; the denial of four petitions raising questions related to the Appointments Clause, venue, damages, and claim construction; and the withdrawal of one petition raising questions related to the Administrative Procedure Act. Here are the details.

This month we highlight two papers exploring research related to the Federal Circuit.

• Re-Thinking the “Motivation to Combine” in Patent Law by Joshua Lee Sohn.
• Ajinomoto v. ITC, the Doctrine of Equivalents, and Biomolecule Claim Limitations at the Federal Circuit by Professor Christopher M. Holman.

This morning the Federal Circuit issued two precedential opinions, one in a patent case and one in a government contracts case. Here are the introductions to the opinions.

• Federal Circuit Snubs Extrinsic Evidence – Courts are not required to consult extrinsic evidence in every patent eligibility case.
• Defining the Contours of Arthrex Decision – The Federal Circuit’s recent decision has resulted in a large number of PTAB appeals.
• Federal Circuit Upholds Application of Dedication-Disclosure Doctrine – The Federal Circuit affirmed a district court’s application of the dedication-disclosure doctrine.

Here’s the latest.

This morning the Federal Circuit issued one precedential opinion in a vaccine case, one nonprecedential opinion affirming a denial of a motion to intervene, and four nonprecendential opinions in patent cases. Here are the introductions to the opinions.

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 patent cases in the “Other Cases” section of our blog. Today, with respect to these cases we highlight two dispositions, one new case, three recent oral arguments, and two upcoming oral arguments.

This morning the Federal Circuit issued four opinions: one precedential opinion in a patent case; one precedential opinion in a takings case; and two nonprecedential opinions in patent cases. The court also issued one Rule 36 judgement. Here are the introductions to the opinions and the Rule 36 judgement.

• Federal Circuit Hearing More Cases by Phone – The Federal Circuit will increase the number of arguments it hears via phone next month.
• Bad Conduct During Litigation Means Attorneys’ Fees Regardless of Damage Amount – The Federal Circuit disagrees with lowering an award of attorney fees based on a lesser damages award.
• COVID-19 Underscores Diagnostic Patent Eligibility Problems – What is the impact of recent judicial precedent on diagnostic methods?

Here’s the latest.