This morning the Federal Circuit released two nonprecedential opinions and one nonprecedential order. The first opinion affirms a judgment of a district court in a patent infringement case. The second affirms another judgment of a district court in another patent infringement case. The order is a dismissal. Here are the introductions to the opinions and a link to the order.
Recent Supreme Court Activity
Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit.
- The Supreme Court rendered its decision in Google LLC v. Oracle America, Inc., the long-running software copyright case.
- Three amicus briefs were filed in Minerva Surgical, Inc. v. Hologic, Inc., a case that has been granted certiorari.
- The Court received three new petitions for writ of certiorari.
- One new brief in opposition was filed with the Court in response to the petition in American Axle & Manufacturing, Inc. v. Neapco Holdings LLC.
- One new reply brief was filed with the Court in Ericsson Inc. v. TCL Communication Technology Holdings Limited.
- One new amicus brief was filed with the Court in Common Ground Healthcare Cooperative v. United States by Anthem, Inc., Blue Cross of Idaho Health Service, Inc., Highmark Inc., L.A. Care Health Plan, and Molina Healthcare of California, Inc.
- Lastly, the Court denied the petitions in three cases.
Here are the details.
Online Symposium: Prof. Lemley’s Top 2020 Federal Circuit Patent Decisions
Guest post by Mark Lemley[1]& Tyler Robbins[2]
This blog post provides a brief summary of four of the most significant patent cases decided by the Federal Circuit last year. It covers cases concerning assignor estoppel, transfer, venue, and the application of the Appointments Clause of the U.S. Constitution to administrative patent judges.
Recent Supreme Court Activity
Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit.
- The Court received seven new amicus briefs in a case that has been granted certiorari, Minerva Surgical, Inc. v. Hologic, Inc.
- The Court received five new petitions for writ of certiorari.
- One new response brief was filed with the Court in Iancu v. Fall Line Patents, LLC.
- One new reply brief was filed with the Court in Argentum Pharmaceuticals LLC v. Novartis Pharmaceuticals Corporation.
- In petition cases, the Court received six new amicus briefs in American Axle & Manufacturing, Inc. v. Neapco Holdings LLC, two new amicus briefs in Amarin Pharma, Inc. v. Hikma Pharmaceuticals USA Inc., and one new amicus brief in Oracle America, Inc. v. United States.
- Lastly, the Court denied the petition for writ of certiorari in Christy, Inc. v. United States.
Here are the details.
Opinions & Orders – October 23, 2020
This morning, the Federal Circuit issued a precedential opinion in a patent case, a precedential order denying a stay in a patent case, and a nonprecedential opinion in a patent case. The Federal Circuit also issued a Rule 36 judgment. Here are the introductions to the opinions, the text of the order, and a link to the Rule 36 judgment.
Recent En Banc Activity
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.
Recent En Banc Activity
Here is an update on recent en banc activity at the Federal Circuit. Highlights include new petitions filed in four patent cases raising questions related to remedies, transfer of venue, novelty, non-obviousness, and real-party-in-interest rules, as well as a response to a petition raising questions related to double-patenting. Here are the details.
Recent News on the Federal Circuit
- Federal Circuit May Have its Eye on West Texas Patent Hot Spot – A Federal Circuit order in In re Adobe Inc. may signal the Court’s attention to a new patent litigation hot spot in Central Texas.
- Federal Circuit Reverses TTAB Ruling on Standing – The Federal Circuit overturns TTAB standing ruling in trademark dispute.
- When “Killing Competition” Isn’t Anticompetitive – Antitrust claims fall flat as the Federal Circuit affirms the lower court’s dismissal of Power Analytics Corp. v. Operation Technology, Inc.
Here’s the latest.
Opinions & Orders – July 28, 2020
This morning the Federal Circuit issued two nonprecedential opinions in patent cases, a nonprecedential order granting a petition for a writ of mandamus related to a motion to transfer, and another nonprecedential order denying petitions for writs of mandamus also related to motions to transfer. Here are the introductions to the opinions and text from the orders.