FedCircuitBlog

This morning, the Federal Circuit issued a precedential opinion in a patent case, a precedential order denying a stay in a patent case, and a nonprecedential opinion in a patent case. The Federal Circuit also issued a Rule 36 judgment. Here are the introductions to the opinions, the text of the order, and a link to the Rule 36 judgment.

• Fed. Circ. Ruling Is Troubling For Generic Drug Manufacturers – In a 2-1 decision, the Federal Circuit issued an opinion addressing the role of skinny labels in an induced infringement analysis.
• Work History Tool Properly Held Ineligible for Patent Protection – The Federal Circuit issued a nonprecedential opinion on Monday affirming a district court decision that an invention directed at a method for verifying work history is too abstract to patent.
• Fed. Circ. Urged To Undo Ugg’s $450K Trademark Win – An Australian apparel company argued on Monday that the lower court used the wrong legal test in finding that “ugg” is not a generic word for a kind of sheepskin boot.

Here’s the latest.

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

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

• Two new reply briefs were filed with the Court, the first by Comcast in Comcast Cable Communications, LLC v. Rovi Guides, Inc., and the second by Duke in Duke University v. Biomarin Pharmaceutical Inc.
• The Court denied a total of three petitions this week: (1) Robles v. Wilkie, (2) Medina v. Federal Aviation Administration, and (3) B.E. Technology, L.L.C. v. Facebook, Inc.

Here are the details.

This morning, the Federal Circuit issued a nonprecedential erratum.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

Here is an update on recent en banc activity at the Federal Circuit. In one of the two pending en banc veterans cases, the Court invited the National Organization of Veterans Advocates to file an amended petition. In the other case, two amicus briefs were filed. With respect to petitions for en banc rehearing in patent cases, highlights include a new invitation to respond to a petition raising questions related to literal infringement and claim construction; a new amicus brief filed in a case raising questions related to prosecution history estoppel, vitiation, and reasonable royalties; and the denial of two petitions in cases raising questions related to patent marking, expert testimony, willful infringement, and inventorship. Here are the details.

This morning the Federal Circuit issued a precedential opinion in a veterans case, a nonprecedential opinion in a patent case, and one nonprecedential order dismissing a petition for a writ of mandamus. Here are the introductions to the opinions and the text of the order.

• Full Federal Circuit Won’t Revisit Dana-Farber Win on Named Inventors – The Federal Circuit refused to rehear a case en banc involving the addition of inventors to a pharmaceutical patent.
• CAFC Affirms District Court Dismissal of Declaratory Judgment Under Doctrine of ‘Abstention’ – The Doctrine of ‘Abstention’ guided the Federal Circuit’s decision in Warsaw Orthopedic, Inc. v. Sasso to affirm the lower court’s ruling to dismiss a claim for declaratory judgment.
• Broadest Reasonable Interpretation in Light of the Specification – Snyders Heart Valve can continue its infringement claims against St. Jude’s Medical after a recent decision by the Federal Circuit.

Here’s the latest.

This morning the Federal Circuit and the Court of Federal Claims issued a joint order extending limitations on access to the Federal Courts Building until November 22, 2020. The Federal Circuit also issued a notice with additional information related to the order. Here is the text from the court’s announcement.

This morning, the Federal Circuit issued a nonprecedential opinion in a patent case, two nonprecedential orders denying petitions for writs of mandamus, and three Rule 36 judgments. Here is the introduction to the opinion, the text from the orders, and links to the Rule 36 judgments.