Featured / News / Supreme Court Activity

Breaking News – Supreme Court Grants Cert. in United States v. Arthrex, Inc.

Yesterday the Supreme Court granted the petitions for certiorari in three related Arthrex cases: (1) United States v. Arthrex, Inc. (19-1434), (2) Smith & Nephew, Inc. v. Arthrex, Inc. (19-1452), and (3) Arthrex, Inc. v. Smith & Nephew, Inc. (19-1458). The Court decided to consolidate the cases for briefing and oral argument and announced that all future filings and activity will be reflected on docket of No. 19-1434. The Court’s widely anticipated review will determine the fate of Administrative Patent Judges (APJs) under the Appointments Clause. Here are the details.

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Opinions

Opinions & Orders – October 14, 2020

This morning, the Federal Circuit issued a precedential opinion in a patent case and a nonprecedential opinion denying permission for an interlocutory appeal. The Federal Circuit also issued three Rule 36 judgments. Here are the introductions to the opinions and links to the Rule 36 judgments.

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En Banc Activity

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit. The en banc court heard oral argument in a veterans case last week. As for petitions for en banc consideration in patent cases, a new petition was filed in a case raising questions related to literal infringement and claim construction; the court invited a response to a petition raising a question related to sanctions; and the court denied two petitions, one in a pro se case and one raising a question related to non-obviousness. Here are the details.

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Opinions

Opinions & Orders – October 13, 2020

This morning the Federal Circuit issued a precedential opinion in a patent case and a nonprecedential opinion in a veterans case.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

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News

Recent News on the Federal Circuit

Here’s the latest.

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Opinions

Opinions & Orders – October 12, 2020

The Federal Circuit did not publish any opinions this morning.

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Argument Recap / En Banc Activity / Featured

Argument Recap – National Organization of Veterans Advocates, Inc. v. Secretary of Veterans Affairs

Last week, the Federal Circuit held an en banc session to hear oral argument in National Organization of Veterans Advocates, Inc. v. Secretary of Veterans Affairs. In this case, the court considered two questions posed by NOVA in its petition: (1) whether the Federal Circuit has jurisdiction to review a generally applicable interpretive rule promulgated by the Department of Veterans Affairs through its Adjudication Procedures Manual, and (2) whether a Federal Circuit Rule impermissibly supersedes a statute of limitations. Additionally, as a preliminary matter, the court heard argument as to whether NOVA has Article III standing in this case. This is our argument recap.

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Opinions

Opinions & Orders – October 9, 2020

This morning, the Federal Circuit issued one nonprecedential erratum and two nonprecedential Rule 36 judgments. Here is the text of the erratum and links to the Rule 36 judgments.

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Argument Recap / Featured / Supreme Court Activity

Argument Recap – Google LLC v. Oracle America, Inc.

Earlier this week, on October 7, 2020, the Supreme Court heard oral argument in Google LLC v. Oracle America, Inc., the long-running software copyright case. Due to the COVID-19 pandemic, this extended oral argument took place over the phone and lasted for over 90 minutes. The Court worked to great lengths to untangle the attorneys’ many vital arguments that have developed over the past decade. As we previewed the day before the argument, the issues, in this case, are the availability of copyright protection for software interfaces, in particular Oracle’s Java SE declarations, and Google’s copying of such code that it contends is fair use.

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News

Recent News on the Federal Circuit

Here’s the latest.

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