FedCircuitBlog

Here is an update on recent en banc activity at the Federal Circuit. It has been a quiet week. In pending en banc cases, this week’s update is a citation to supplemental authority in a veterans case along with the government’s response. In cases with pending petitions for en banc rehearing, this week’s update is a correction to a precedential opinion in a patent case. Here are the details.

This morning the Federal Circuit issued six opinions and orders:

• a precedential opinion in a patent case affirming a holding of obviousness by the Patent Trial and Appeal Board,
• a nonprecedential opinion in another patent case affirming a holding of nonobviousness by the Patent Trial and Appeal Board,
• a nonprecedential opinion in a third patent case affirming a district court’s dismissal due to ineligibility, and
• three nonprecedential orders denying or dismissing petitions for writs of mandamus.

Here are the introductions to the opinions and excerpts from the orders.

• Printed Matter Is Patentable If It’s Functional, Not Just Communicative – Bard’s suit of patent infringement by AngioDynamics may continue after the Federal Circuit reversed the lower court’s finding of non-infringement and invalidity.
• Functional claiming in the aftermath of Williamson – Analyses of means plus function limitations have shifted more than anticipated in the past few years following the Federal Circuit’s decision in Williamson v. Citrix Online LLC.
• Federal Circuit Considers CBM Review Under Thryv on Remand from SCOTUS – The Federal Circuit affirmed in SIPCO, LLC v. Emerson Electric that the decision to institute a covered business method (“CBM”) review cannot be reviewed based on Supreme Court precedent.

Here’s the latest.

This morning, the Federal Circuit issued a nonprecedential opinion in a patent case addressing the doctrine of nonobviousness. Here is the introduction to the opinion.

This morning, the Federal Circuit issued a nonprecedential opinion in a veterans case and a nonprecedential opinion in a patent case. 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 cases in the “Other Cases” section of our blog. Today, with respect to these cases we highlight one disposition in a veterans case, new briefs filed in two patent cases raising due process questions related to post grant review proceedings, four recent oral arguments in veterans and government contracts cases, and four upcoming oral arguments in patent, veterans, and takings cases.

Today the Federal Circuit and the Court of Federal Claims issued a joint order extending limitations on access to the Federal Courts Building until January 21, 2021. The Federal Circuit also issued a notice with additional information related to the order. Here is the text from the court’s notice.

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.