FedCircuitBlog

Three cases being argued in February at the Federal Circuit attracted amicus briefs. One of those cases is Jazz Pharmaceuticals, Inc. v. Avadel CNS Pharmaceuticals LLC, a patent case. In it, the Federal Circuit will review 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. This is our argument preview.

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 potential impact on the value of patents for universities if the Supreme Court grants review in a recent case decided by the Federal Circuit;
• another article reporting how “U.S. District Judge Alan Albright won’t transfer a cryptographic data technology patent suit against Microsoft Corp.”; and
• a blog post about a district court finding a patent that “covers a process for allowing users to upload ‘dynamic albums’ to be stored on their devices” to be patent ineligible.

This morning the Federal Circuit released a precedential opinion in a case appealed from the Court of Federal Claims concerning attorney’s fees. In the opinion, the Federal Circuit explained why it vacated the award of attorney’s fees and remanded the case for a redetermination of the fees. The Federal Circuit also released three nonprecedential orders. Two transfer appeals to the Court of Appeals for the Second Circuit and one dismisses an appeal. Here is the introduction to the opinion, text from the orders, and a link to the dismissal.

Last week, the Supreme Court issued its opinion in Arellano v. McDonough, a veterans case that presented the Court with the opportunity to decide whether the one-year statutory deadline for seeking retroactive disability benefits may be equitably tolled. In a unanimous decision, the Court affirmed the Federal Circuit’s ruling, finding that the relevant section of the governing statute is not subject to equitable tolling. Justice Barrett authored the Court’s decision. This is our opinion summary. 

Late Friday and this morning, the Federal Circuit released six nonprecedential orders. One transfers an appeal to the Court of Appeals for the Second Circuit, one grants a motion to dismiss an appeal subject to reinstatement, and four dismiss appeals. The Federal Circuit also released a Rule 36 judgment and an erratum. Here is text from the orders and links to the dismissals, Rule 36 judgment, and erratum.

This morning the Federal Circuit released five nonprecedential orders dismissing appeals. Here are links to the dismissals.

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:

• an article about a mandamus petition claiming “U.S. Patent and Trademark Office Director Kathi Vidal ‘unlawfully’ interfered with a patent validity challenge”; and
• a blog post about the Federal Circuit denying “General Motor’s petition for a writ of mandamus seeking to compel Judge Alan Albright to transfer a patent infringement case.”

This morning the Federal Circuit released a nonprecedential order dismissing an appeal. Here is a link to the dismissal.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, there is no new activity to report since our last update. With respect to petitions, one new petition was filed with the Court in a patent case, and the government filed a brief in opposition in a veterans case. Here are the details. 

This morning the Federal Circuit released a precedential opinion in a case appealed from the Court of Federal Claims. In the opinion, the Federal Circuit explains that it vacated the lower court’s decision granting judgment on the administrative record in favor of the government and remanded the case. Late yesterday and this morning, the Federal Circuit also released three nonprecedential orders dismissing appeals. Here is an introduction to the opinion and links to the dismissals.