FedCircuitBlog

This week the Federal Circuit will convene ten panels to consider about 50 cases. This month, like last month, the court will hear all of its oral arguments telephonically given the coronavirus pandemic. Moreover, the court will hear fewer oral arguments than normal, with only about 18 cases being argued this month. Of the argued cases, only one case attracted an amicus brief.

Recently the Federal Circuit issued its opinion in Immunex Corp. v. Sandoz Inc., a case we have been tracking because it attracted two amicus briefs. In the opinion, Judges O’Malley and Chen affirm the lower court’s ruling that Sandoz failed to prove that the patents-in-suit were invalid. Judge Reyna filed a dissenting opinion. Here is a summary of the opinion and dissent.

This morning the Federal Circuit did not issue any opinions or orders given the Independence Day federal holiday. Happy Fourth of July tomorrow!

• Amgen Defeats Appeal Over Arthritis Drug Patents – Amgen successfully defends its multi-billion-dollar arthritis drug patents in the Federal Circuit on Wednesday.
• Federal Circuit Affirms PTAB Ax Of Aircraft Space-Saving IP – The Federal Circuit, in a precedential decision, invalidated two aircraft patents in B/E Aerospace Inc. v. C&D Zodiac Inc.
• No rehearing for Biogen in Tecfidera patent appeal – Biogen was denied an en banc rehearing of Biogen International GmbH v. Banner Life Sciences LLC, finalizing Banner’s win in the Federal Circuit.

Here’s the latest.

This morning, the Federal Circuit issued two precedential opinions in tax and trade cases. The court also issued one nonprecedential opinion in a patent case.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 five new petitions this week: (1) Thomas v. Iancu, (2) United States v. Arthrex, Inc., et al., (3) Louis A. Piccone v. United States Patent and Trademark Office, (4) Richard Polidi v. Michelle K. Lee, et al., and (5) Michael A. Henry-Bey v. Hector Castro, et al.
• Syngenta Crop Protection, LLC submitted its brief in opposition to the Court in Willowood, LLC v. Syngenta Crop Protection, LLC.
• Finally, the Court denied petitions in Chrimar Systems, Inc. v. Ale USA Inc. and Ford Motor Co. v. United States.

Here are the details.

This morning the Federal Circuit issued an announcement reminding the public that its most recent amendments to its Rules go into effect today and apply to all cases filed or pending on or after today. Based on new provisions in the Rules, the Clerk of Court today also issued updated versions of the court’s forms, Electronic Filing Procedures, Guide for Oral Argument, and Guide for Unrepresented Parties. The Clerk also issued two notices, one establishing rates for taxation of costs and another addressing electronic filing for unrepresented parties. Here is the text of this morning’s announcement.

This morning the Federal circuit issued two precedential opinions in patent cases, one precedential opinion in a vaccine case, and three nonprecedential opinions in patent cases. Here are the introductions to the opinions.

Here is an update on recent en banc activity at the Federal Circuit. Highlights include the filing of the opening brief in National Organization of Veterans Advocates, Inc. v. Secretary of Veterans Affairs, in which the Federal Circuit granted a petition for initial hearing en banc to address two questions related to jurisdiction and veterans law. As for petitions in patent cases, highlights include a new petition raising questions related to restriction requirements and patent term adjustments; a new response to a petition raising questions related to obviousness; a new invitation for a response to a petition raising questions related to injunctive relief; and the denial of three petitions raising questions related to claim construction, prevailing party status, and forum selection clauses. Here are the details.

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