FedCircuitBlog

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.

• Fed. Circ. Backs Sanofi, Regeneron PTAB Win Over Amgen – In a precedential opinion issued on Tuesday, the Federal Circuit upheld a Patent Trial and Appeal Board decision invalidating Amgen’s patent aimed at treating inflammatory disorders.
• Patent Reviews in ‘Limbo’ As Supreme Court Takes Case on Judges – The U.S. Supreme Court recently announced that it will review the Federal Circuit’s decision in Arthrex Inc. v. Smith & Nephew Inc.
• Fed. Circ. Denies Appeal of Order Backing Card IP Under Alice – On Wednesday, the Federal Circuit rejected an interlocutory appeal after a district court found that a patent describing a card that can be used as a debit card, a loyalty card, and a gift card all at once was not directed to an abstract idea.

Here’s the latest.

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.

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, two new cases, two cases with new briefing, and one upcoming oral argument. Here are the details.

This month the Federal Circuit scheduled oral argument in one case that attracted an amicus brief, Amgen Inc. v. Watson Laboratories, Inc. As we noted in our argument preview, Amgen, a patent owner, asked the Federal Circuit to force a district court to vacate its judgment of non-infringement in favor of a consent judgment of infringement. The Federal Circuit, however, never heard oral argument. This is our update in place of our normal argument recap.

This week the Federal Circuit will convene ten panels to consider about 50 cases. This month, like last month, the court will hear all of its oral arguments telephonically given the coronavirus pandemic. Moreover, the court will hear fewer oral arguments than normal, with only about 18 cases being argued this month. Of the argued cases, only one case attracted an amicus brief.