Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, a reply brief was filed in Amgen Inc. v. Sanofi, Aventisub LLC, a patent case addressing the enablement requirement. With respect to petitions, a new petition was filed with the Court in a veterans case and another in a pro se case; the government waived its right to respond in a pro se case; a brief in opposition was filed in a patent case; and a reply brief was filed in a trade case. Here are the details.
Opinions and Orders – March 8, 2023
Late yesterday and this morning, the Federal Circuit released one precedential opinion and nine nonprecedential orders. In the precedential opinion, the court vacated and remanded a judgment appealed from the Court of Appeals for Veterans Claims. One of the nonprecedential orders denied a petition for appellate attorney fees and costs following a Federal Circuit decision reversing and remanding a judgment of the Merit Systems Protection Board. Two of the nonprecedential orders remand cases appealed from the Northern District of West Virginia. Finally, five of the nonprecedential orders dismiss appeals and one is an erratum. Here is the introduction to the opinion, text from the orders, and links to the dismissals and erratum.
Opinion Summary – Jazz Pharmaceuticals, Inc. v. Avadel CNS Pharmaceuticals LLC
Late last month, the Federal Circuit issued its opinion in Jazz Pharmaceuticals, Inc. v. Avadel CNS Pharmaceuticals LLC, a patent case that attracted an amicus brief. In this case, the Federal Circuit reviewed a determination by a district court that Jazz must request the Food and Drug Administration remove (or “delist”) one of its patents from the FDA’s so-called Orange Book because that patent was improperly listed. In an opinion authored by Judge Lourie and joined by Judges Reyna and Taranto, the Federal Circuit affirmed the district court’s judgment. This is our opinion summary.
Recent En Banc Activity
Here is an update on recent en banc activity at the Federal Circuit. The court lifted a stay of proceedings in a veteran’s benefits case and requested supplemental briefing. As for patent cases, the court received a new petition raising questions related to the vacatur of a preliminary injunction. Here are the details.
Opinion Summary – C.R. Bard, Inc. v. Medical Components, Inc.
The Federal Circuit recently issued its opinion in C.R. Bard, Inc. v. Medical Components, Inc., a patent case that includes both an appeal and a cross-appeal. In the appeal, the Federal Circuit reviewed a determination by a district court that Bard’s patent claims are directed to patent-ineligible printed matter under 35 U.S.C. § 101 and, moreover, lack an inventive concept. With respect to the cross-appeal, the court similarly considered whether MedComp’s patent claims are ineligible. In an opinion authored by Judge Hughes and joined by Judges Chen and Wallach, the court reversed the district court’s judgment in the lead appeal and vacated and remanded the district court’s judgmebnt in the cross-appeal. This is our opinion summary.
Opinions and Orders – March 7, 2023
This morning the Federal Circuit issued two nonprecedential opinions, two nonprecedential orders, and a Rule 36 judgment. In the first nonprecedential opinion, the court dismissed an appeal from the Court of Appeals for Veterans Claims. In the second nonprecedential opinion, the Federal Circuit affirmed in part and dismissed in part another appeal from the Court of Appeals for Veterans Claims. In the first nonprecedential order, the Federal Circuit summarily affirmed a judgment of the Court of Federal Claims. In the second nonprecedential order, the Federal Circuit denied a petition for a writ of mandamus seeking to order the Court of Federal Claims to docket a complaint. Here are the introductions to the opinions, text from the orders, and a link to the Rule 36 judgment.
Recent News on the Federal Circuit
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 “declin[ing] to consider an . . . argument that a ‘dangerous’ precedent will give big tech defendants a license to build inaccurate models of technology that can be used to wipe out patents asserted against them”;
- another article about a case involving the overturning of “a $308.5 million patent verdict against Apple”; and
- a third article explaining that “[a] potential import ban on the Apple Watch is still on the table.”
Opinions and Orders – March 6, 2023
This morning the Federal Circuit released two precedential opinions and four nonprecedential orders. In the first precedential opinion, the court affirmed a case appealed from the Court of Appeals for Veterans Claims. Notably, Judge Newman dissented. In the second precedential opinion, the Federal Circuit affirmed a judgment appealed from the Patent Trial and Appeal Board. In two of the nonprecedential orders, the Federal Circuit denied petitions for writs of mandamus seeking to transfer cases from the Western District of Texas to the Northern District of California. One of the other nonprecedential orders, however, granted in part a petition for a writ of mandamus and, in particular, directed the Western District of Texas to decide a transfer motion. The last nonprecedential order dismissed an appeal. Here are the introductions to the opinions, text from the orders, and a link to the dismissal.
Court Week – What You Need to Know
This week is Court Week at the Federal Circuit. In total, the court will convene eleven panels to consider 49 cases this week and on Tuesday of next week. Of these 49 cases, the court will hear oral arguments in 37. The Federal Circuit is providing access to live audio of these arguments via the Federal Circuit’s YouTube channel. Of the argued cases, one cases attracted an amicus brief. Here’s what you need to know about this case.
Opinions and Orders – March 3, 2023
Late yesterday and this morning, the Federal Circuit issued three nonprecedential orders dismissing appeals. Here are links to the dismissals.