This morning the Federal Circuit issued a precedential opinon in a contract case, two precedential opinions in patent cases, one precedential opinion in a veterans case, and two nonprecedential opinions in patent cases. Here are the introductions to the opinions.
Recent Supreme Court Activity
This post summarizes recent activity at the Supreme Court in cases decided by the Federal Circuit.
- The Supreme Court received two new petitions this week in Michelson v. Department of the Army and Sanders v. United States.
- Mylan submitted its brief in opposition to the Court in Sanofi-Aventis Deutschland GMBH v. Mylan Pharmaceuticals Inc..
- Finally, one waiver of right to respond was filed with the Court in Martin v. Department of Homeland Security by the Department of Homeland Security.
Here are the details.
Opinions & Orders – August 26, 2020
This morning the Federal Circuit issued one precedential opinion in a government contract case and two nonprecedential opinions in patent cases. Here are the introductions to the opinions.
Recent En Banc Activity
This week there is little to report on recent en banc activity at the Federal Circuit. The court denied one petition in a pro se case. That’s it!
Argument Preview – Albright v. United States
Another case that attracted an amicus brief and is being argued this month at the Federal Circuit is Albright v. United States, a consolidated takings case. In it, owners of land in Oregon assert that the United States Surface Transportation Board violated the Takings Clause by converting a railway easement to a recreational trail. As explained by the government, however, the Court of Federal Claims “determined that the [relevant] deeds conveyed fee simple title from Plaintiffs’ predecessors-in-interest to the railroads, such that Plaintiffs have no compensable property interest on which to base takings claims.” One of the property owners explains that the issue on appeal is “[w]hether the CFC correctly applied the law of the state of Oregon to determine whether certain conveyances from the early 1900s to a railroad conveyed the fee estate in the land or a perpetual easement for railroad purposes.” This is our argument preview.
Opinions & Orders – August 25, 2020
This morning the Federal Circuit issued a precedential opinion in a case appealed from the Merit Systems Protection Board, a nonprecedential opinion in a Tucker Act case, and a precedential erratum. Here are the introductions to the opinions and the text of the erratum.
Recent News on the Federal Circuit
- Sweat the Small Stuff: Lessons of Federal Circuit Damages Cases – Marking, interest accrual, and awards calculation have been important issues in six Federal Circuit decisions on patent damages, but the Federal Circuit has been reluctant to overturn jury awards in other damages cases.
- Standard Essentiality is a Question for the Fact Finder – Earlier this month, the Federal Circuit held in Godo Kaisha IP Bridge 1 v. TCL Communications Technology Holdings that the trier of fact should determine whether patent claims are essential to all implementations of an industry standard.
- The Little Tucker Act is Alive and Well – The Federal Circuit’s recent decision in National Veterans Legal Services Program v. United States reaffirms to plaintiffs with small non-tort claims against the United States that they can file either in the Court of Federal Claims or in a local district court.
Here’s the latest.
Opinions & Orders – August 24, 2020
Today the Federal Circuit issued one precedential opinion in a patent case. Here is the introduction to the opinion.
Argument Preview – Amarin Pharma, Inc. v. Hikma Pharmaceuticals USA
Next week is argument week at the Federal Circuit, and two cases slated to be argued attracted amicus briefs. A patent case, Amarin Pharma, Inc. v. Hikma Pharmaceuticals USA, drew interest from both the Aimed Alliance and the Biotechnology Innovation Organization (BIO) on the issue of non-obviousness. In this case, Amarin, a patent owner, asks the Federal Circuit to reverse a district court’s judgment of obviousness based on alleged erroneous use of hindsight. This is our argument preview.
Opinions and Orders – August 21, 2020
This morning, the Federal Circuit issued three precedential opinions in a veterans case, a case appealed from the Merit Systems Protection Board, and a patent case. Here are the introductions to the opinions.