FedCircuitBlog

• Patent Appeal Lessons From Fed. Circ. Remote En Banc Args – The U.S. Court of Appeals for the Federal Circuit has sat remotely en banc for only two cases in the past year, both of which have been veterans cases, but their oral arguments can provide insight to all practitioners.
• Novartis Patent on MS Drug Gilenya Evades Supreme Court Scrutiny – The Supreme Court will not explore the debate over whether being in regular competition is enough to challenge a PTAB ruling on a rival’s patent without having been sued for infringement.  
• Fourth Circuit Finds ‘Pretzel Crisps’ Plaintiffs are Not Bound to Federal Circuit Across Appeals from Distinct TTAB Decisions – The Fourth Circuit joins the Seventh and Ninth Circuits in considering the reach of the Lanham Act’s permission to seek review of a TTAB decision at either the CAFC or in federal district court.

Here’s the latest.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit.

• The Supreme Court received four new petitions for writ of certiorari.
• Three new response briefs were filed with the Court. Two in Iancu v. Fall Line Patents, LLC and one in Ericsson Inc. v. TCL Communication Technology Holdings Limited.
• Two new amicus briefs were filed with the Court in Sellers v. Secretary of Veterans Affairs, the first by the National Law School Veterans Clinic Consortium and the second by the Military-Veterans Advocacy Inc.
• One letter to Justice Barrett was filed with the Court by counsel for Sasso in Warsaw Orthopedic, Inc. v. Sasso, notifying Justice Barrett of a potential conflict of interest.
• Two waivers of right to respond were filed with the Court.
• Lastly, the Court denied the petitions in two cases: (1) Argentum Pharmaceuticals LLC v. Novartis Pharmaceuticals Corporation and (2) Wynkoop v. Department of Defense.

Here are the details.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit.

• The Court received seven new amicus briefs in a case that has been granted certiorari, Minerva Surgical, Inc. v. Hologic, Inc.
• The Court received five new petitions for writ of certiorari.
• One new response brief was filed with the Court in Iancu v. Fall Line Patents, LLC.
• One new reply brief was filed with the Court in Argentum Pharmaceuticals LLC v. Novartis Pharmaceuticals Corporation.
• In petition cases, the Court received six new amicus briefs in American Axle & Manufacturing, Inc. v. Neapco Holdings LLC, two new amicus briefs in Amarin Pharma, Inc. v. Hikma Pharmaceuticals USA Inc., and one new amicus brief in Oracle America, Inc. v. United States.
• Lastly, the Court denied the petition for writ of certiorari in Christy, Inc. v. United States.

Here are the details.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit.

• The Court received new reply briefs in two cases that have been granted certiorari: (1) Minerva Surgical, Inc. v. Hologic, Inc. and (2) United States v. Arthrex, Inc.
• The Court received five new petitions for writ of certiorari.
• One new response brief was filed with the Court in Argentum Pharmaceuticals LLC v. Novartis Pharmaceuticals Corporation.
• One new amicus brief was filed by a non-profit advocacy organization, US Inventor, Inc., in the new case Amarin Pharma, Inc. v. Hikma Pharmaceuticals USA Inc.
• Hikma filed a waiver of its right to respond to the petition in Amarin Pharma, Inc. v. Hikma Pharmaceuticals USA Inc.
• Lastly, the Court denied the petitions for writ of certiorari in six cases.

Here are the details.

• Justices Told Patentees Deserve Fee Refund For PTAB Losses – A patent owner seeks Supreme Court review of a Federal Circuit’s ruling that one cannot recover fees and otherwise be compensated for patents invalidated by the Patent Trial and Appeal Board. The petitioner argues such a ruling is unconstitutional under the Fifth Amendment takings clause.
• Companies ‘Doing Backflips’ at Top Patent Court Seek SCOTUS Help – A petition before the Supreme Court seeks to resolve uncertainty for parties in patent infringement cases who, under the current standard, risk revealing product secrets in order to challenge a competitor’s patent.
• SCOTUS Won’t Resuscitate Heart Monitor Patent Case – The Supreme Court refused to review a Federal Circuit decision that held that a cardiac monitor patent was a patent-eligible improvement to heart monitoring equipment and not directed to an abstract idea.

Here’s the latest.

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.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit.

The Supreme Court received petitions for writ of certiorari in (1) Argentum Pharmaceuticals LLC v. Novartis Pharmaceuticals Corporation and (2) Nazir Khan, et al. v. Merit Medical Systems Inc.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include a new petition by a pro se appellant and the denial of two petitions in cases raising questions related to standing and obviousness. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include new petitions filed in three cases raising questions related to standing, obviousness, and eligibility; a new invitation for a response in a case raising questions related to obviousness; two new amicus briefs in cases raising questions related to claim construction, joinder, and deference to Precedential Opinion Panels; and the denial of seven petitions raising questions related to claim construction, eligibility, novelty, non-obviousness, and the Appointments Clause. Here are the details.

• Full Federal Circuit Will Consider Court Review of VA Rules – The Federal Circuit will consider whether it lacks jurisdiction to review interpretive rules in the VA’s administrative staff manual.
• CAFC Issues Another Precedential Decision on Standing – In a recent opinion, the Federal Circuit addressed standing requirements regarding IPRs.
• Federal Circuit Sinks Another Attempt to Use PTO Guidance – The Federal Circuit makes clear that it does not apply USPTO guidance when determining subject matter eligibility.

Here’s the latest.