FedCircuitBlog

• 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.

• Three Damages Questions for the Supreme Court – Cochlear Corp. petitioned the Supreme Court to review the Federal Circuit’s damages decision and recently received an amicus brief in support.
• Threshold Issues, Misdirected Lawyering, and a Frustrated Federal Circuit – Earlier this October, the Federal Circuit remanded AntennaSys, Inc., v. AQYR Technologies, Inc. to resolve the claim construction issues left undecided by the lower court and expressing their disdain towards unhelpful arguments from both parties.
• Apple Hit With $503M Verdict In VirnetX Patent Retrial – After the Federal Circuit vacated the damages award, on remand, the lower court jury awarded similar damages against Apple.

Here’s the latest.

This morning, the Federal Circuit issued a precedential opinion in a patent case and four nonprecedential opinions in a case appealed from the Merit Systems Protection Board, a case concerning jurisdiction under the Tucker Act, a veterans case, and a patent case. The Federal Circuit also issued two Rule 36 judgments. Here are the introductions to the opinions and links to the Rule 36 judgments.