FedCircuitBlog

Here is an update on recent en banc activity at the Federal Circuit. As for granted petitions, a new brief was filed in one of the two pending veterans cases. As for pending petitions, highlights include two new petitions, one in a patent case raising questions related to claim construction and one in a pro se case; and the denial of four petitions in patent cases raising questions related to obviousness, prosecution history estoppel, vitiation, reasonable royalties, and sanctions. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit. In one of the two pending en banc veterans cases, the Court invited the National Organization of Veterans Advocates to file an amended petition. In the other case, two amicus briefs were filed. With respect to petitions for en banc rehearing in patent cases, highlights include a new invitation to respond to a petition raising questions related to literal infringement and claim construction; a new amicus brief filed in a case raising questions related to prosecution history estoppel, vitiation, and reasonable royalties; and the denial of two petitions in cases raising questions related to patent marking, expert testimony, willful infringement, and inventorship. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit. This week the en banc court will hear arguments in a veterans case. Late last week a supplemental reply brief was filed in that case. As for new petitions for en banc consideration, two were filed in patent cases raising various questions related to the doctrine of equivalents, prosecution history estoppel, vitiation, reasonable royalties, and obviousness. With respect previously-filed petitions, a new response was filed asking the court to reject a petition questioning whether whether a party who is not a patentee may sue for patent infringement. In addition, the court denied four petitions in patent cases raising questions related to mandamus jurisdiction over real-party-in-interest determinations, double patenting, transfer of venue, and claim construction. Here are the details.

Here is this month’s update on activity in cases pending before panels of the Federal Circuit where the cases involve at least one amicus brief. We keep track of these cases in the “Other Cases” section of our blog. Today, with respect to these cases we highlight five dispositions, three cases with new briefing, one recent oral argument, and two upcoming oral arguments.

On Monday, the Federal Circuit issued its opinion in Bio-Rad Laboratories, Inc. v. 10X Genomics Inc., a case we have been tracking because it attracted an amicus brief. In the opinion, the panel composed of Judges Newman, O’Malley, and Taranto unanimously affirmed a district court’s judgment of liability for infringement of a patent. The panel, however, also reversed the district court’s construction of asserted claims in two other patents and vacated the judgment of infringement of those patents. Finally, the panel also vacated the district court’s grant of a permanent injunction, but only with respect to certain product lines. Here is a summary of the opinion.

This morning the Federal Circuit issued three precedential opinions in patent cases, along with two related nonprecedential orders. In one of these cases, Illumina, Inc. v. Ariosa Diagnostics, Inc., a panel of the court withdrew and replaced its prior opinions addressing patent eligibility. In addition to these patent cases, the court also issued nonprecedential opinions in two veterans cases and a nonprecedential opinion in a trademark case. Here are the introductions to the opinions and text from the orders.

About once a month we provide an update on activity in important patent cases. In particular, we keep track of patent cases pending before panels of the Federal Circuit, where the cases involve at least one amicus brief. We also keep track of non-patent cases that attract amicus briefs, but only once those cases have been scheduled for oral argument. Finally, we also highlight panel cases we find important. You can find all of these cases in the “Other Cases” section of our blog. Today, with respect to these cases, we highlight two patent cases with new briefing, an argument recap in the only such case argued in April, and three upcoming oral arguments in these cases. Here are the details.

Last week the Federal Circuit heard only one case that attracted an amicus brief. In the case, Bio-Rad Laboratories, Inc. v. 10X Genomics Inc., the court confronted several patent-law-related questions. As we noted in our argument preview, these questions related to literal infringement, infringement under the doctrine of equivalents, claim construction, damages, and injunctive relief. The amicus brief, however, focused only on the appropriateness of injunctive relief. On Friday, the parties presented their arguments to a panel that included Judges Newman, O’Malley, and Taranto. This is our argument recap.

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights comments on an oral argument held last week in a patent case, a note on a recent Federal Circuit decision that Federal Reserve Banks may challenge patents at the Patent Trial and Appeal Board, an article about another recent Federal Circuit decision involving multi-color trademarks, and a comment on yet another recent decision by the Federal Circuit in an ongoing patent dispute involving medical devices.

This week, the Federal Circuit has assigned about 67 cases to 16 panels. That said, given the ongoing coronovirus pandemic, only 10 panels will hear arguments and only in about 20 cases. Moreover, all of these arguments will be held telephonically, with live online access to each of these arguments. Of these 20 cases, only one attracted an amicus brief. We provide more details here regarding the court’s approach to court week this month and the one case attracting an amicus brief.