News

Recent News on the Federal Circuit

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

  • a blog post discussing the Solicitor General’s amicus brief urging the Supreme Court to deny certiorari in a case concerning inter partes review estoppel; and
  • an article highlighting takeaways from a recent precedential opinion by the Federal Circuit addressing analogousness of prior art references.
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News

Recent News on the Federal Circuit

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

  • an article commenting on the recent Supreme Court ruling in Amgen v. Sanofi concerning patent law’s enablement requirement;
  • an article highlighting the Biden administration urging the Supreme Court to deny certiorari in Apple v. Caltech, a case presenting a question about inter partes review estoppel;
  • a post noting the effects of the Federal Circuit’s holding addressing inducement of infringement by so-called skinny labels in Teva v. GlaxoSmithKline after the Supreme Court denied certiorari in the case; and
  • an article arguing the recent precedential opinion by the Federal Circuit in Sanofi-Aventis Deutschland v. Mylan Pharmaceuticals addressing a limit on what qualifies as analogous prior art “adds to [the] toolbox for patentee prosecution and litigation success.”
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En Banc Activity

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include a new petition filed in a case raising a question about what constitutes a final judgment for purposes of appellate jurisdiction, three new responses to petitions related to eligibility and design patent’s non-obviousness requirement, and two amicus briefs also related to design patent’s non-obviousness requirement. The court also denied two petitions raising questions about eligibility and infringement. Here are the details.

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Opinions

Opinions & Orders – May 12, 2023

This morning, the Federal Circuit released a nonprecedential opinion in a pro se patent case along with two nonprecedential orders dismissing appeals. Here is the introduction to the opinion and links to the orders.

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Opinions

Opinions & Orders – April 25, 2023

This morning the Federal Circuit released two precedential opinions in trade and government contracts cases along with three nonprecedential opinions in patent and trade cases. The court also released a nonprecedential opinion transferring an appeal to the Second Circuit along with a dismissal. Here are the introductions to the opinions and order and a link to the dismissal.

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En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received a response to a petition raising questions related to prosecution laches, invited a response to a petition raising questions related to patent eligibility, and received three amicus briefs supporting rehearing in two cases raising the same questions related to non-obviousness of designs under design patent law. Here are the details.

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News

Recent News on the Federal Circuit

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

  • an article about the Federal Circuit finding that “Apple can’t reach back through history and apply the Beatles’ Apple Corps mark . . . to protect a broad category of live events and recordings”; and
  • another article about how “[t]he Federal Circuit has clarified how courts should determine when accused patent infringers are barred from making invalidity arguments they didn’t include in an earlier [inter partes review] challenge.”
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News

Recent News on the Federal Circuit

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

  • an article about the recent Federal Circuit decision that “vacated a $576 million judgment against Apple”; and
  • a blog post about the Solicitor General’s recent “amicus brief with the United States Supreme Court advising it to grant Teva Pharmaceuticals’ petition for writ of certiorari.”
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Opinions

Opinions and Orders – April 4, 2023

This morning, the Federal Circuit released two precedential opinions, two nonprecedential opinions, and a Rule 36 judgment. In the two precedential opinions, the court affirmed a judgment appealed from the Court of Appeals for Veterans Claims and reversed a judgment of the Trademark Trial and Appeal Board. In the two nonprecedential opinions, the Federal Circuit affirmed an arbitrator’s judgment and affirmed a judgment of the Merit Systems Protection Board. Here are the introductions to the opinions and link to the Rule 36 judgment.

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Opinions

Opinions and Orders – March 31, 2023

This morning, the Federal Circuit released two precedential opinions and two nonprecedential opinions. In the first precedential opinion, the court affirmed a judgment of the Patent Trial and Appeal Board. In the second precedential opinion, the Federal Circuit affirmed a judgment of the International Trade Commission. In the first nonprecedential opinion, the Federal Circuit vacated and remanded a judgment of the Eastern District of Texas in a patent case with instructions to dismiss the case as moot. In the second nonprecedential opinion, the Federal Circuit affirmed another judgment of the Patent Trial and Appeal Board. Here are the introductions to the opinions.

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