FedCircuitBlog

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

• an article about “[b]iotechnology giant Amgen . . . arguing that Sanofi is a walking contradiction when it comes to the patent challenger’s stance on enablement requirements”;
• another article about a Federal Circuit decision finding “Google LLC must litigate a patent infringement lawsuit brought by telecom startup Flypsi Inc. in Waco, Texas, rather than San Francisco”; and
• a third article about “how to handle AI inventions from a policy perspective.”

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, fourteen amicus briefs were filed in Amgen Inc. v. Sanofi, Aventisub LLC, a patent case addressing the enablement patentability requirement. With respect to petitions, although no new petitions were filed with the Court, three new amicus briefs were filed in patent case. Here are the details.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, a response brief was filed in Amgen Inc. v. Sanofi, Aventisub LLC, a patent case addressing the enablement requirement. With respect to petitions, one new petition was filed with the Court in a contract case; the government waived its right to respond in a patent case and a pro se case; a brief in opposition and a reply brief were filed in a patent case addressing inter partes review estoppel; and another reply brief was filed in a veterans case. Here are the details.

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] Bristol Myers Squibb Co subsidiary on Monday los[ing] a renewed bid for the U.S. Supreme Court to hear its appeal of a 2021 decision that invalidated its cancer-drug patent and overturned a $1.2 billion infringement award it won”; and
• another article arguing that broad functional patent claims suppress medical innovation.

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

• a blog post about a Federal Circuit opinion that found a “Scheduling Order . . . went too far in mandating additional substantive discovery and re-briefing” in light of a pending motion to transfer;
• an article about “[t]he fourth round of a multibillion-dollar dispute between Intel and VLSI”; and
• another blog post about how Amgen Inc. v. Sanofi, Aventisub LLC “has the potential of shaking up [patent law’s] disclosure doctrine.”

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. Last Friday, the Court granted the petition for certiorari in Amgen Inc. v. Sanofi, Aventisub LLC, a patent case regarding the enablement requirement. In addition, one new petition was filed with the Court in a pro se case; the government waived its right to respond in two other pro se cases; and the Court denied two petitions: one in a veterans case and one in a patent case. Notably, Justice Gorsuch filed an opinion dissenting from the decision to deny review in the veterans case. Here are the details.

Today the Supreme Court granted the petition for certiorari in Amgen Inc. v. Sanofi, Aventisub LLC, a patent case raising questions related to the enablement requirement. Although the petitioner requested review of two distinct questions, the Court granted review only for the second question presented. That question asks “[w]hether enablement is governed by the statutory requirement that the specification teach those skilled in the art to ‘make and use’ the claimed invention, 35 U.S.C. § 112, or whether it must instead enable those skilled in the art ‘to reach the full scope of claimed embodiments’ without undue experimentation—i.e., to cumulatively identify and make all or nearly all embodiments of the invention without substantial ‘time and effort.’” Notably, the Supreme Court granted review of this question despite the contrary view of the Solicitor General. Here are the details.

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 supplemental brief filed at the Supreme Court asking the Court to “clarify the proper standard for reviewing questions of enablement under 35 U.S.C. § 112”;
• another article about a recent ruling by the Federal Circuit that “gives helpful guidance regarding how to defeat early-filed Section 101 patent subject matter eligibility challenges”; and
• a third article about an upcoming Federal Circuit case that will “address some major design patent issues.”

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, the Supreme Court heard arguments this week in Arellano v. McDonough, a veterans case. With respect to petitions, two new petitions were filed with the Court in a patent case and a pro se case; the government waived its right to respond to a petition filed in a pro se case; the Court invited the Solicitor General to file briefs expressing the views of the United States in two patent cases related to so-called skinny labelling and eligibility, respectively; a supplemental brief was filed in a patent case raising questions related to patent law’s enablement requirement; a reply brief was submitted in a veterans case addressing the standard of proof governing rejection of disability claims; and, finally, the Court denied more than 20 petitions. Here are the details.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, the Supreme Court will hear oral arguments next week in Arellano v. McDonough, a veterans case. With respect to petitions, one new petition was filed with the Court in a pro se case. Additionally, the views of the Solicitor General were submitted in a patent case raising questions related to patent law’s enablement requirement. Here are the details.