FedCircuitBlog

This morning, the Federal Circuit issued a nonprecedential order and a modified precedential opinion in a patent case as well as a nonprecedential opinion in a veterans case. The Federal Circuit also issued two nonprecedential errata. Here are the introductions of the opinions, the text of the order, and the text of the errata.

• Supreme Court Denies Patent Petitions on Arthrex, Eligibility – The U.S. Supreme Court denied petitions for certiorari in two cases coming out of the Federal Circuit: IYM Technologies LLC v. RPX Corporation and Advanced Micro Devices, Inc. and WhitServe LLC v. Donuts Inc.
• Amgen, GSK Urge Justices To Allow Patents On Genus Claims – A trio of amicus briefs filed on Monday urge the Supreme Court to grant Merck’s petition for certiorari and ensure that companies are able to patent genus claims.
• COVID-19 Vaccine Leader Moderna “Not Aware of Any Significant Intellectual Property Impediments” in Development of its Vaccine Despite Mixed Results at PTAB – As global leaders in COVID-19 vaccine development receive promising results from their clinical trials, the focus turns to whether legal intellectual property obstacles may impede vaccine distribution.  

Here’s the latest.

This morning, the Federal Circuit issued three new opinions: two precedential opinions in patent cases and one nonprecedential opinion in another patent case. Here are the introductions to the opinions.

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

• The Supreme Court received three new petitions for writ of certiorari in (1) InfoBionic, Inc. v. Cardionet, LLC, (2) Lone Star Silicon Innovations, LLC v. Iancu, and (3) Kinghorn v. United States.
• Two new responses to petitions were filed with the Court, the first by the Alfred E. Mann Foundation in Cochlear Corp. v. Alfred E. Mann Foundation for Scientific Research, and the second by the government in ThermoLife International LLC v. Iancu.
• One new reply to the petition in Rovi Guides, Inc. v. Comcast Cable Communications, LLC was filed with the Court by Rovi.
• Three amicus briefs were filed in Idenix Pharmaceuticals LLC v. Gilead Sciences, Inc., all in support of Idenix.
• Lastly, the Supreme Court denied the petitions for writ of certiorari in three cases: (1) IYM Technologies LLC v. RPX Corp., (2) Duke University v. Biomarin Pharmaceutical Inc., and (3) Whitserve LLC v. Donuts Inc.

Here are the details.

This morning, the Federal Circuit issued a nonprecedential errata. Here is the text of the errata.

Here is an update on recent en banc activity at the Federal Circuit. Highlights include a new petition filed in a patent case raising questions related to intervention in inter partes review proceedings; a new response to a petition raising questions related to anticipation of patent claims; the denial of a petition raising questions related to claim preclusion; and the denial of a petition in a pro se case. Here are the details.

This morning, the Federal Circuit issued one precedential opinion in a patent case and one nonprecedential opinion in a patent case. Additionally, the court issued one Rule 36 judgment. Here are the introductions to the opinions and a link to the Rule 36 judgment.

• Federal Circuit Judge Newman Calls for Overhaul of Patent Law – Judge Newman advocated for patent law reform at an intellectual property conference on Friday.
• Federal Circuit Will Not Second-Guess IPR Institution Denials – The Federal Circuit confirmed its stance on refusing to review denials of inter partes review through a number of orders this week.
• Federal Circuit Grants Apple Petition for Writ of Mandamus to Transfer Uniloc Suit – Uniloc’s case against Apple will continue in California after the Federal Circuit issued a writ of mandamus directing the Western District of Texas to transfer the case.

Here’s the latest.

The Federal Circuit did not publish any opinions or orders this morning.

This morning, the Federal Circuit issued a precedential opinion in a patent case explaining the difference between waiver and forfeiture. Here is the introduction to the opinion.