FedCircuitBlog

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include four new petitions, three of which related to Arthrex and another related to obviousness, two responses to petitions raising questions related to the statutory experimental use exception and obviousness, and the denial of three petitions. Here are the details.

This morning the Federal Circuit issued two precedential opinions in veterans cases, one nonprecedential opinion in a patent case, two nonprecedential opinions in Merit Systems Protection Board cases, one nonprecedential opinion in a veterans case, and two Rule 36 judgments. Continue reading for introductions to the opinions and a list of the Rule 36 judgments.

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights the Federal Circuit’s ruling in American Institute for International Steel v. United States upholding the Trump administration’s steel tariffs, an argument made by the U.S. Patent and Trademark Office that Arthrex does not extend to trademark judges, and a ruling by the Federal Circuit denying an injunction against a producer of a bioequivalent multiple sclerosis drug.

This morning the Federal Circuit issued one precedential opinion in a patent case and one precedential opinion in a trade case. Here are the introductions to the opinions.

This week, the Federal Circuit will hold 16 panel hearings and hear oral arguments in about 58 cases. Amicus briefs were filed in four of these cases. The first of these is a patent case dealing with patent eligible subject matter under 35 U.S.C. § 101. The second case addresses the issue of obviousness-type double patenting. The third is a takings case involving a notice of interim trail use. The fourth case focuses on invalidity and infringement standards for the administration of a multiple sclerosis treatment. Continue reading for more information about each of the featured cases.

This morning the Federal Circuit issued one nonprecedential opinion in a trademark case, one nonprecedential opinion in a trade case, two nonprecedential orders denying writs of mandamus, and one nonprecedential erratum. Here are the introductions to the opinions, the text of the orders, and the text of the erratum.

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights an article about the Supreme Court’s rejection of Apple’s petition for certiorari in one of its cases against VirnetX, a comment on the Federal Circuit’s treatment of “consisting essentially of” language in patent claims, and an article discussing the Federal Circuit’s rejection of an en banc petition in a case vacated in light of Arthrex.

This morning the Federal Circuit did not issue any opinions.

The fourth case scheduled to be argued next week that attracting an amicus brief is Immunex Corp. v. Sandoz Inc. A patent case, it drew interest from Samsung Bioepis and the Association for Accessible Medicines, respectively, concerning the issues of obviousness and double patenting. Both amici argue for reversal of the lower court decision in favor of the appellants, Sandoz Inc., Sandoz International GMBH, and Sandoz GMBH. Here is our argument preview.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. There is no news to report on granted cases and no new petitions were filed. However, four new reply briefs in support of petitions were filed, and the Supreme Court did deny four previously-filed petitions. Here are the details.