Petitions - Fed Circuit Blog

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137 Petitions

Docket No.

Case

Subject

Status

Question(s) Presented

American Institute for International Steel, Inc. v. United States

Question(s) Presented

“This case presents a facial challenge to section 232 of the Trade Expansion Act of 1962, as amended, 19 U.S.C. § 1862, which the President has used to impose to...

Comcast Corp. v. International Trade Commission

Question(s) Presented

1. “Whether the Federal Circuit’s judgment should be vacated as moot and remanded with instructions to vacate the Commission’s orders, pursuant to United States v. Munsingwear, Inc., 340 U.S. 36...

Baley v. United States

Question(s) Presented

“Petitioners are a plaintiff class of Oregon and California farmers and ranchers who depend on their water rights in the Klamath River basin to irrigate their land. When the U.S....

Blackbird Tech LLC v. Health in Motion LLC

Question(s) Presented

“35 U.S.C. § 285 provides that a court ‘in exceptional cases may award reasonable attorney fees to the prevailing party.’ In Octane Fitness, LLC v. ICON Health & Fitness, Inc.,...

Actavis Laboratories FL, Inc. v. Nalpropion Pharmaceuticals LLC

Question(s) Presented

“Under 35 U.S.C. § 112, a patent’s specification must ‘contain a written description of the invention.’ That requirement, a cornerstone of federal patent law, ensures that an inventor can claim...

Question(s) Presented

“Whether a court of appeals must provide an opinion explaining its reasoning in an appeal that involves a complex and unsettled area of the law and in which a written...

Chrimar Systems, Inc. v. Ale USA Inc.

Question(s) Presented

“Chrimar brought an action for infringement against ALE under four patents. A jury rejected ALE’s invalidity defenses and awarded past damages. The District Court then awarded post-judgment ongoing royalties. The...

Board of Regents of the University of Texas System v. Boston Scientific Corporation

Question(s) Presented

“Whether a state’s sovereign right to try its causes within its borders when there is personal jurisdiction over the defendant renders unconstitutional a federal patent venue statute applied to force...

INO Therapeutics LLC v. Praxair Distribution Inc.

Question(s) Presented

“Whether a method of treatment that requires doctors to selectively administer a drug to certain patients and not others to enhance patient outcomes is eligible for patent protection under Section...

Enzo Life Sciences, Inc. v. Becton, Dickinson and Company

Question(s) Presented

“In 2006, the Patent Office issued petitioner’s patent under a statutory scheme that guaranteed that an issued patent is presumed valid in adversarial proceedings until a challenger proves that it...

Celgene Corp. v. Peter

Question(s) Presented

“Whether retroactive application of inter partes review to patents issued before passage of the America Invents Act violates the Takings Clause of the Fifth...

Enzo Life Sciences, Inc. v. Roche Molecular Systems, Inc.

Question(s) Presented

1. “In light of a patent’s presumption of validity under 35 U.S.C. § 282 and the concomitant clear and convincing standard for proving invalidity, may patent claims that cover a...

CJ ChellJedang Corp. v. International Trade Commission

Question(s) Presented

“Whether, to avoid prosecution history estoppel under Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co., ‘the rationale underlying the amendment’ must be the rationale the patentee provided to the public...

Dr. Reddy's Laboratories, Ltd. v. Eli Lilly and Company

Question(s) Presented

“Under Festo’s ‘tangential’ exception to prosecution history estoppel, patent owners may recapture subject matter they could have claimed in prosecution but did not, by arguing that they surrendered more than...

Hospira, Inc. v. Eli Lilly and Company

Question(s) Presented

“Whether a patentee may recapture subject matter via the doctrine of equivalents under the ‘tangential relation’ exception by arguing that it surrendered more than it needed to during prosecution to...

Strikeforce Technologies, Inc. v. SecureAuth Corp.

Question(s) Presented

“In Alice Corp. Pty. Ltd. v. CLS Bank Int’l, 134 S. Ct. 2347 (2014), this Court explained a two-step test for determining whether a patent claim is directed to patent...

Ford Motor Co. v. United States

Question(s) Presented

1. “Whether the Federal Circuit erred in holding, contrary to this Court’s precedent, that a product’s post-importation modification and use can determine its classification under a tariff heading that is...

Solutran, Inc. v. Elavon, Inc.

Question(s) Presented

“Does Alice’s step one require that the claims be viewed as a whole and that consideration be given to the claimed advance over the prior...

General Electric Co. v. United Technologies, Corp.

Question(s) Presented

“Whether competitive harm alone suffices to confer Article III standing to appeal an IPR determination, or whether an appellant must also show concrete plans for future activity that creates a...

Imperium IP Holdings, Ltd. v. Samsung Electronics Co.

Procedure2 Amici

Question(s) Presented

“The question presented is whether an appellate court may reverse a jury verdict based on its own view that expert testimony was credible, ‘unrebutted,’ and ‘uncontradicted,’ or instead whether the...

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