FedCircuitBlog

Here is this month’s update on activity in cases pending before panels of the Federal Circuit where the cases attracted 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 two dispositions, one in a veterans case addressing allegations of delay violating due process and one in a patent case addressing the enablement requirement. We also highlight two new patent cases, one addressing claim construction and the non-obviousness requirement and the other addressing the first-to-file rule and patent eligibility. We also note three upcoming oral arguments. Here are the details.

Yesterday, the Federal Circuit issued its opinion in Amgen Inc. v. Sanofi, Aventisub LLC, a patent case we have been tracking because it attracted amicus briefs. Judge Lourie authored the unanimous opinion, which affirmed a district court’s judgment as a matter of law of lack of enablement. The Federal Circuit agreed that undue experimentation would be required to practice the full scope of antibody claims in Amgen’s patents. This is our opinion summary.

This morning the Federal Circuit issued one precedential opinion in a patent case. The court also issued three nonprecedential opinions: two in patent cases and one in an appeal from the Merit Systems Protection Board. Finally, the court issued one precedential order granting a motion to substitute a successor-in-interest in a design patent case. Here are the introductions to the opinions and text from the order.

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 a disposition in a takings case, a patent case attracting an amicus brief on the issue of the non-obviousness requirement, new briefing in a patent case challenging post-grant review proceedings as violating due process, and four recent oral arguments in cases raising questions related to patent, takings, and veterans law. Here are the details.

• Fed. Circ. Again Says No State Sovereign Immunity In IPRs – In Board of Regents of the University of Texas System v. Baylor College of Medicine, the Federal Circuit held that plaintiffs can request inter partes reviews of state universities’ patents and sovereign immunity does not apply.
• Federal Circuit Tries to Wrap Its Arms Around Functional Biotech Patent Claims – The Federal Circuit heard oral arguments last Wednesday and focused on the application of the enablement requirement to Amgen’s patent covering therapeutic antibodies.
• Del. Chief Urges Creativity When Litigating Patent Eligibility – Chief Judge Leonard Stark addressed the resolution of patent eligibility issues within litigation during a panel discussion on Friday.

Here’s the latest.

Last week the Federal Circuit heard oral argument in four cases that attracted amicus briefs. In one of the patent cases, Amgen Inc. v. Sanofi, Aventisub LLC, the court considered the enablement requirement with respect to antibody claims. This is our argument recap.

This week the Federal Circuit will convene 15 panels to consider about 69 cases. This month, as in the past several months, the court will hear all of its oral arguments telephonically given the coronavirus pandemic. The court will hear oral arguments in 39 of the 69 cases. Of these argued cases, four attracted amicus briefs: one in a takings case, two in patent cases, and one in a veterans case. Here’s what you need to know about these cases.

• Big Pharma to Face Off at Federal Circuit Oral Arguments Over Antibody Genus Patentability – A preview of an upcoming Federal Circuit case concerning enablement.
• No Patent? No Problem! The Federal Circuit Paves The Way For Non-Patent Owners To Sue Infringers – What happens in a patent lawsuit when not all of the parties that have an ownership interest in a patent are joined as plaintiffs?
• The Federal Circuit Tries To Demystify Venue in Hatch-Waxman Actions – In Valeant Pharms. N. Am. v. Mylan Pharms., the Federal Circuit attempted to clarify where “acts of infringement” for venue purposes under §1400(b) occur in Hatch-Waxman actions.

Here’s the latest.

As we reported yesterday, four cases being argued next week at the Federal Circuit attracted amicus briefs. The second one we will preview is a patent case entitled Amgen Inc. v. Sanofi, Aventisub LLC. This case concerns patent law’s enablement requirement with respect to antibody claims. Amgen asserts “the district court erred in holding that any reasonable juror was required to find that Sanofi-Regeneron established non-enablement by clear-and- convincing evidence.” This is our argument preview

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 one disposition in a veterans case, new briefs filed in two patent cases raising due process questions related to post grant review proceedings, four recent oral arguments in veterans and government contracts cases, and four upcoming oral arguments in patent, veterans, and takings cases.