Yesterday, the Federal Circuit issued its opinion in Amgen Inc. v. Sanofi, Aventisub LLC, a patent case we have been tracking because it attracted amicus briefs. Judge Lourie authored the unanimous opinion, which affirmed a district court’s judgment as a matter of law of lack of enablement. The Federal Circuit agreed that undue experimentation would be required to practice the full scope of antibody claims in Amgen’s patents. This is our opinion summary.
- What’s Eligible for a Patent? The Section 101 Muddle Explained – Perry Cooper describes the uncertainty and confusion surrounding patent eligibility under Section 101 and highlights the Supreme Court’s upcoming opportunities to provide clarity after Alice.
- Fed. Circ. Agrees Fax Machine Patents Are Indefinite – The Federal Circuit found that two terms in the patent claim language failed to provide reasonable certainty of the terms’ scope and thus the patents were deemed invalid for indefiniteness.
- Afghan’s Land Takings Claim Against U.S. Army Rejected on Appeal – The Federal Circuit affirmed the U.S. Court of Federal Claims’ dismissal of a suit after an Afghan citizen failed to prove ownership of a property that he claimed the U.S. Army unjustly took from him when the U.S. Army constructed Combat Outpost Millet in 2010.
Here’s the latest.
Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit.
- The Court received one new petition for writ of certiorari in Oracle America, Inc. v. United States.
- Two new amicus briefs were filed with the Court in American Axle & Manufacturing, Inc. v. Neapco Holdings LLC, the first by a group of patent practitioners in Chicago and the second by the New York Bar Association.
- One new waiver of right to respond was filed by Illumina in Ariosa Diagnostics, Inc. v. Illumina, Inc.
Here are the details.
This morning the Federal Circuit issued one precedential opinion in a patent case. The court also issued three nonprecedential opinions: two in patent cases and one in an appeal from the Merit Systems Protection Board. Finally, the court issued one precedential order granting a motion to substitute a successor-in-interest in a design patent case. Here are the introductions to the opinions and text from the order.
This morning, the Federal Circuit issued a precedential opinion in a patent case and a precedential opinion in a case appealed from the Court of Federal Claims. The Federal Circuit also issued nonprecedential opinions in two patent cases, a case appealed from the Merit Systems Protection Board, and another case appealed from the Court of Federal Claims. Additionally, the Federal Circuit issued a nonprecedential errata. Here are the introductions to the opinions and the text of the errata.
Here is an update on recent en banc activity at the Federal Circuit. Last week the court heard oral argument in the en banc veterans case. As for petitions in patent cases, highlights include a new petition raising a question related to claim construction; new responses to petitions raising questions related to inter partes review and Rule 36 summary affirmances; a new invitation to respond to a petition raising questions related to deference to the Patent Trial and Appeal Board; a new amicus brief in a case raising questions related to inter partes review; and the denial of two petitions raising questions related to patent eligibility and transfer of venue. Here are the details.
This morning the Federal Circuit issued three nonprecedential opinions: one in a veterans case, one in a tax case, and one in a patent case. Additionally, the court issued three Rule 36 judgments. Here are the introductions to the opinions and links to the Rule 36 judgments.
- Deere Loses Patent Challenge at Federal Circuit – The Federal Circuit rejected Deere & Co.’s attempt to invalidate a patent over combine crop harvester technology as a misrepresentation of the PTAB’s decision.
- Federal Circuit Unlikely To Nix Apple’s Win In Memory Patent Case – Qualcomm met resistance when arguing before the Federal Circuit that the PTAB did not construe a key term in invalidating Qualcomm’s patent.
Here’s the latest.
This morning, the Federal Circuit issued two precedential opinions and one nonprecedential opinion in patent cases, as well as a precedential opinion and two nonprecedential opinions in cases appealed from the Merit Systems Protection Board. The court also issued a Rule 36 judgment. Here are the introductions to the opinions and a link to the Rule 36 judgment.
- Challenging Therapeutics IP After Fed. Circ. Drink Can Ruling – Issued on the last day of 2020, the Federal Circuit’s opinion in Ball Metal Beverage Container Corp. v. Crown Packaging Technology Inc., raises important considerations for patent challengers alleging the indefiniteness of measurement claim terms that describe pharmacologic or physicochemical properties of an invention.
- Apple Transfer Win Survives Bid for Full Federal Circuit Review – The Federal Circuit denied a petition for an en banc review of an earlier decision that enabled Apple to transfer its case to the Northern District of California.
- Federal Circuit Says PTAB Failed to Provide Proper Notice to IPR Respondent of Anticipation Theory – A recent Federal Circuit decision held that the Patent Trial and Appeal Board erred in finding a claim anticipated by prior art even though the petition for inter partes review had only asserted obviousness as to the claim.
Here’s the latest.