FedCircuitBlog

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include a new petition raising a question related to sovereign immunity and inter partes review; new invitations to respond to petitions raising questions related to inter partes review as well as the use of Rule 36 judgments in cases appealed from the U.S. Patent and Trademark Office; and the denial of a petition raising questions related to eligible subject matter. Here are the details.

This morning the Federal Circuit issued one precedential opinion in a case involving an appeal from the Merit Systems Protection Board. Additionally, the Federal Circuit issued four nonprecedential opinions in patent cases, with three of these cases involving the same parties. Here are the introductions to the opinions.

The Federal Circuit did not publish any opinions or orders on its website this morning. The court is closed today in observance of the Birthday of Martin Luther King, Jr., a federal holiday.

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 two dispositions, one new patent case, and new briefing in another patent case. Here are the details.

Today the Federal Circuit announced that access to the National Courts Building Complex will continue to be limited to court staff through February 28. The court did, however, also indicate that requests for building access may be submitted and will be considered on a case-by-case basis. Here is the text of today’s announcement, which includes a link to the relevant court order.

This morning, the Federal Circuit issued two nonprecedential opinions in veterans cases. The court also issued a Rule 36 judgment. Here are the introductions to the opinions and a link to the Rule 36 judgment.

• ITC Cases Mean No Agency Patent Review for Nintendo, SK Innovation – Applying the NHK-Fintiv factors, the Patent Trial and Review Board refused to review Nintendo’s challenge to a video game controller patent.
• Supreme Court Will Review Doctrine of Assignor Estoppel – The Supreme Court granted certiorari last Friday in Minerva Surgical Inc. v. Hologic Inc., on appeal from the Federal Circuit. The case asks the justices to resolve whether a defendant in a patent infringement action who assigned the patent or is in privity with an assignor of the patent, may have a defense of invalidity heard on the merits.

Here’s the latest.

Late this afternoon the Federal Circuit announced that it has updated its Guide for Oral Argument. These updates include the designation of “Access Coordinators” to facilitate the ability of those who have communication difficulties to participate in the court’s proceedings. Here is the text of today’s announcement.

This morning, the Federal Circuit issued one nonprecedential opinion in a vaccine case. Here is the introduction to the opinion.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit.

• One new amicus brief was filed by the New Civil Liberties Alliance in a case that has been granted certiorari, United States v. Arthrex, Inc.
• The Court granted the petition for certiorari in Minerva Surgical, Inc. v. Hologic, Inc.
• The Court received eight new petitions for writ of certiorari.
• Three new reply briefs were filed with the Court in the following cases: (1) adidas AG v. Nike, Inc., (2) Micron Technology, Inc. v. North Star Innovations, Inc., and (3) InfoBionic, Inc. v. Cardionet, LLC.
• One new amicus brief was filed in Argentum Pharmaceuticals LLC v. Novartis Pharmaceuticals Corporation by Jonathan Stroud
• Three new waivers of right to respond were filed with the Court.
• Lastly, the Court denied the petitions for writ of certiorari in ten cases.

Here are the details.