Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include a new petition raising a question related to sovereign immunity and inter partes review; new invitations to respond to petitions raising questions related to inter partes review as well as the use of Rule 36 judgments in cases appealed from the U.S. Patent and Trademark Office; and the denial of a petition raising questions related to eligible subject matter. Here are the details.
Recent Supreme Court Activity
Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit.
- One new amicus brief was filed by the New Civil Liberties Alliance in a case that has been granted certiorari, United States v. Arthrex, Inc.
- The Court granted the petition for certiorari in Minerva Surgical, Inc. v. Hologic, Inc.
- The Court received eight new petitions for writ of certiorari.
- Three new reply briefs were filed with the Court in the following cases: (1) adidas AG v. Nike, Inc., (2) Micron Technology, Inc. v. North Star Innovations, Inc., and (3) InfoBionic, Inc. v. Cardionet, LLC.
- One new amicus brief was filed in Argentum Pharmaceuticals LLC v. Novartis Pharmaceuticals Corporation by Jonathan Stroud
- Three new waivers of right to respond were filed with the Court.
- Lastly, the Court denied the petitions for writ of certiorari in ten cases.
Here are the details.
Recent En Banc Activity
Here is an update on recent en banc activity at the Federal Circuit. The court received a response to a petition raising questions related to transfer of venue in a patent case, an amicus brief in the same case, and eight amicus briefs in another case with a petition raising questions related to inducement of patent infringement in the context of Hatch-Waxman. Here are the details.
Recent En Banc Activity
Here is an update on recent en banc activity in patent cases at the Federal Circuit. Highlights include new petitions raising questions related to inter partes review, eligible subject matter, and enablement; a new response to a petition addressing intervention; two new invitations to respond to petitions raising questions related to transfer of venue and inducement of infringement in the context of Hatch-Waxman; and the denial of a petition related to anticipation. Here are the details.
Recent En Banc Activity
Here is an update on recent en banc activity at the Federal Circuit. Telephonic oral argument was scheduled in the veterans case pending before the en banc court. As for petitions in patent cases, highlights include two new petitions raising questions related to transfer of venue and eligible subject matter; a new invitation to respond to a petition raising a question related to venue in the context of Hatch-Waxman; and three amicus briefs filed in support of a petitioner in a pro se case. Here are the details.
Opinions & Orders – December 10, 2020
This morning the Federal Circuit issued one nonprecedential opinion affirming the Patent Trial and Appeal Board’s denial of a motion to dismiss, which the Board of Regents of the University of Texas System filed on the ground of sovereign immunity in an inter partes review proceeding. The court also issued six Rule 36 summary affirmances. Here is the text of the opinion and a list of the Rule 36 judgments.
Recent News on the Federal Circuit
- Federal Circuit Judge Newman Calls for Overhaul of Patent Law – Judge Newman advocated for patent law reform at an intellectual property conference on Friday.
- Federal Circuit Will Not Second-Guess IPR Institution Denials – The Federal Circuit confirmed its stance on refusing to review denials of inter partes review through a number of orders this week.
- Federal Circuit Grants Apple Petition for Writ of Mandamus to Transfer Uniloc Suit – Uniloc’s case against Apple will continue in California after the Federal Circuit issued a writ of mandamus directing the Western District of Texas to transfer the case.
Here’s the latest.
Opinions & Orders – November 9, 2020
This morning, the Federal Circuit issued a precedential opinion in a patent case and a precedential opinion in a case appealed from the Merit Systems Protection Board. The court also issued a precedential order issuing a writ of mandamus that directs the Western District of Texas to transfer a patent infringement suit to the Northern District of California. Additionally, the Federal Circuit issued two Rule 36 judgments. Here are the introductions to the opinions, text from the order, and links to the Rule 36 judgments.
Opinions & Orders – November 4, 2020
This morning, the Federal Circuit issued one precedential opinion in a patent case and three nonprecedential opinions in veterans cases. The court also issued two Rule 36 judgments. Here are the introductions to the opinions and links to the Rule 36 judgments.
Opinions & Orders – November 3, 2020
This morning the Federal Circuit issued two nonprecedential opinions: one in a patent case and one in a government contract case. The Federal Circuit also issued two separate nonprecedential orders denying petitions for writs of mandamus. Finally, the Federal Circuit issued one Rule 36 judgment. Here are the introductions to the opinions, text from the orders, and a link to the Rule 36 judgment.