This morning the Federal Circuit issued a precedential opinion in a patent case appealed from the United States District Court for the Southern District of New York. The Federal Circuit also issued three nonprecedential opinions. Two of the opinions came in veterans cases appealed from the United States Court of Appeals for Veterans Claims. The third opinion came in an employment case appealed from the Merit Systems Protection Board. Finally, the court issued three Rule 36 judgments. Here are the introductions to the opinions and links to the Rule 36 judgments.
Recent Supreme Court Activity
This post summarizes recent activity at the Supreme Court in cases decided by the Federal Circuit.
- The Court received three new petitions this week: (1) Mantissa Corp. v. Ondot Systems, Inc., (2) Rovi Guides, Inc. v. Comcast Cable Communications, LLC, and (3) IYM Technologies LLC v. RPX Corp.
- Three briefs in opposition to petitions were filed with the Court, the first by Actavis in HZNP Finance Ltd. v. Actavis Laboratories UT, Inc., the second by CBS in Personal Audio, LLC v. CBS Corp., and the third by Biomarin in Duke University v. Biomarin Pharmaceutical Inc.
- Lastly, the Supreme Court denied a total of 19 different petitions this week.
Here are the details.
Recent Supreme Court Activity
This post summarizes recent activity at the Supreme Court in cases decided by the Federal Circuit.
- The Supreme Court received three new petitions this week: (1) Personal Audio, LLC v. CBS Corp., (2) ESIP Series 2, LLC v. Puzhen Life USA, LLC, and (3) Medina v. Federal Aviation Administration.
- Nine briefs were filed in response to the petition in United States v. Image Processing Technologies LLC.
- Three replies were submitted to the Court, the first by BioDelivery in BioDelivery Sciences International, Inc. v. Aquestive Therapeutics, Inc., the second by Chamberlain in The Chamberlain Group, Inc. v. Techtronic Industries Co., and the third by Campbell in Campbell v. United States.
- One supplemental brief was filed by Ameranth in Ameranth, Inc. v. Domino’s Pizza, LLC.
- Lastly, nine waivers of right to respond were submitted to the Court in three cases: (1) United States v. Image Processing Technologies LLC, (2) Sanders v. United States, and (3) Michelson v. Department of the Army.
Here are the details.
Recent Supreme Court Activity
This post summarizes recent activity at the Supreme Court in cases decided by the Federal Circuit.
- The Supreme Court received three new petitions for writs of certiorari in (1) ThermoLife International LLC v. Iancu, (2) SRAM, LLC v. FOX Factory, Inc., and (3) Halim v. United States.
- Aquesitive submitted a brief in opposition to the petition in BioDelivery Sciences International, Inc. v. Aquestive Therapeutics, Inc.
- Two replies were submitted to the Court, the first by Smith & Nephew in Smith & Nephew, Inc. v. Arthrex, Inc. and the second by TCL in TCL Communication Technology Holdings Limited v. Telefonaktiebolaget LM Ericsson.
Here are the details.
Recent Supreme Court Activity
This post summarizes recent activity at the Supreme Court in cases decided by the Federal Circuit.
- After receiving three petitions last week, the Supreme Court received yet another petition from Lakshmi Arunachalam in Lakshmi Arunachalam, Petitioner v. SAP America, Inc.
- In Arthrex, Inc. v. Smith & Nephew, Inc., the petitioner submitted its reply to the Court, denouncing the claims made by the respondent and further advocating for their writ to be granted.
- Finally, the Supreme Court denied a total of eight different petitions this week, among that group of denied petitions are cases like Collabo Innovations, Inc. v. Sony Corp. and Comcast Corp. v. International Trade Commission. For the full list of denied petitions, see the list below.
Here are the details.
Recent Supreme Court Activity
This post summarizes recent activity at the Supreme Court in cases decided by the Federal Circuit.
- The Supreme Court received six new petitions this week in (1) BioDelivery Sciences International, Inc., v. Aquestive Therapeutics, Inc., (2) Phazzer Electronics, Inc. v. Taser International, Inc., (3) Lakshmi Arunachalam v. Presidio Bank., (4) Lakshmi Arunachalam v. Apple, Inc., et al., (5) Lakshmi Arunachalam v. Wells Fargo Bank, N.A., and (6) Betzaida P. Jernigan v. Robert Wilkie, Secretary of Veterans Affairs.
- In Comcast Corp. v. International Trade Commission, Comcast submitted its reply to the ITC’s brief in opposition.
- Finally, the State of Indiana submitted identical amicus briefs in favor of the petitioners in both Jake LaTurner, Kansas State Treasurer v. United States and Andrea Lea, Arkansas State Auditor v. United States.
Here are the details.
Recent En Banc Activity
Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include four new petitions, responses to petitions in two cases (including three responses in Arthrex, Inc. v. Smith & Nephew, Inc.), and the denial of a petition along with a dissenting opinion in the same case. Here are the details.
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 note on the USPTO urging en banc review in Arthrex v. Smith & Nephew, an article weighing in on a recent dissent by Judge Newman to a denial of en banc rehearing, a discussion of a request for attorneys’ fees by Microsoft in an appeal against Uniloc 2017, and a comment on the Federal Circuit’s recent decision in a life sciences case.
Today’s Opinions – January 13, 2020
Today the Federal Circuit issued one precedential opinion in a patent case, one precedential opinion in a trade case, and a precedential order denying a petition for rehearing en banc. The Federal Circuit also issued one nonprecedential opinion in a patent case and three Rule 36 judgments. Here are the introductions and a list of the Rule 36 judgments.
Recent En Banc Activity
Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include two new petitions raising questions related to waiver of the prevailing arguments made in Arthrex, Inc. v. Smith & Nephew, Inc., non-obviousness, and argument-type prosecution history estoppel, two letters filed by the government in response to arguments related to Arthrex, Inc. v. Smith & Nephew, Inc., two amicus briefs in Arthrex, Inc. v. Smith & Nephew, Inc. itself, and the denial of four petitions. We have the details.
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