En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include one new petition related to obviousness, one amicus brief in support of a petition related to transfer, one notice of supplemental authority related to expert testimony and a response to the notice, and the denial of two petitions. 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 a call by the Federal Circuit for the U.S. Patent and Trademark office to comment on the scope and effect of Arthrex, a comment on implied patent licenses, and a report that Apple has another shot at invalidating claims of a patent it has been accused of infringing.

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Opinions

Today’s Opinions – February 7, 2020

This morning the Federal Circuit issued one precedential opinion in a patent case, one precedential opinion in an ITC case, one nonprecedential opinion in a Merit Systems Protection Board case, one nonprecedential opinion in a government contract case, one nonprecedential opinion in a veterans case, and three Rule 36 judgments. Here are the introductions to the opinions and a list of the Rule 36 judgments.

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Petitions / Supreme Court Activity

Recent Supreme Court Activity

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. Highlights include one new petition regarding Covered Business Method review of patents, a reply brief and two amicus briefs in support of a petition related to patent damages and the impact of USPTO invalidations of patents on pending infringement litigation, and another reply brief in favor of a petition related to patent eligibility. Here are the details.

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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. Highlights include one new petition related to obviousness, one response to a petition related to design patents, two requests for responses to petitions related to Arthrex and transfer, two amicus briefs in support of petitions related to the written description and enablement requirements, and the denial of one petition related to Arthrex and obviousness. 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 Apple and Broadcom’s plans to appeal a $1.1 billion jury verdict against them in a patent case, concerns about a recent Federal Circuit decision on design patents, a story of challenges faced by a patent owner at the Patent Trial and Appeal Board and the Federal Circuit, and an oral argument at the court deemed the “oral argument of the week.”

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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. Highlights include new petitions in three cases raising questions related to transfer motions, licenses, and the constitutionality of the appointment of Administrative Patent Judges, two responses to petitions raising questions related to the knowledge of one of ordinary skill in the art and the constitutionality of the appointment of Administrative Patent Judges, and the denial of a motion for en banc reconsideration in a case that raised arguments related to the constitutionality of the appointment of Administrative Patent Judges. Here are the details.

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Petitions / Supreme Court Activity

Recent Supreme Court Activity

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. In stark contrast to last week, it was a rather quiet week at the Court. Highlights include an additional amicus brief in Google LLC v. Oracle America, Inc., two responses to petitions, and one denial of a petition.

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Petitions / Supreme Court Activity

Recent Supreme Court Activity

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. As for merits cases, highlights include an oral argument and a slew of amicus briefs, respectively, in two cases. As for petitions, only one new petition was filed, and just a handful of response and reply briefs were filed. The Supreme Court, however, denied petitions in a large number of cases, including most notably in Athena, Hikma, and HP, as we previously discussed. Here are the details.

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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. Notably, much of the activity relates in some way to Arthrex, Inc. v. Smith & Nephew, Inc. Highlights include three new petitions (including two petitions raising questions related to waiver of arguments similar to those made in Arthrex), a response in opposition to a petition also making arguments raised in Arthrex, briefing on a motion raising arguments related to Arthrex, requests for responses in three cases (including, notably, Arthrex itself), and the denial of two petitions raising questions related to patent eligibility. Here are the details.

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