FedCircuitBlog

This post summarizes recent activity at the Supreme Court in cases decided by the Federal Circuit.

• The Supreme Court received five new petitions this week: (1) Thomas v. Iancu, (2) United States v. Arthrex, Inc., et al., (3) Louis A. Piccone v. United States Patent and Trademark Office, (4) Richard Polidi v. Michelle K. Lee, et al., and (5) Michael A. Henry-Bey v. Hector Castro, et al.
• Syngenta Crop Protection, LLC submitted its brief in opposition to the Court in Willowood, LLC v. Syngenta Crop Protection, LLC.
• Finally, the Court denied petitions in Chrimar Systems, Inc. v. Ale USA Inc. and Ford Motor Co. v. United States.

Here are the details.

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.

This post summarizes recent activity at the Supreme Court in cases decided by the Federal Circuit.

• One new petition for certiorari was filed in Ameranth, Inc. v. Domino’s Pizza, LLC.
• In Arthrex, Inc. v. Smith & Nephew, Inc., two briefs in opposition were filed. One brief from Smith & Nephew, Inc. and ArthroCare Corp. and the other from the United States.
• The Supreme Court received a total of five amicus briefs this week. Four amicus briefs in TCL Communication Technology Holdings Limited v. Telefonaktiebolaget LM Ericsson and one amicus brief in Callan Campbell v. United States.
• In Ford Motor Co. v. United States, Ford submitted its reply to the United States’ brief in opposition.

Here are the details.

• A Patent Emergency – A new Supreme Court petition declared that the Federal Circuit’s interpretation of patent eligibility law is a “patent emergency”.
• Federal Circuit OKs Do-Over in Apple Decryption Case – In light of Arthrex, the Federal Circuit remanded a case for a new hearing before different PTAB judges.
• Federal Circuit Dismisses Challenges to Nonfinal Patent Office decision – The Federal Circuit affirmed the district court’s lack of jurisdiction.

Here’s the latest.

• Federal Circuit Snubs Extrinsic Evidence – Courts are not required to consult extrinsic evidence in every patent eligibility case.
• Defining the Contours of Arthrex Decision – The Federal Circuit’s recent decision has resulted in a large number of PTAB appeals.
• Federal Circuit Upholds Application of Dedication-Disclosure Doctrine – The Federal Circuit affirmed a district court’s application of the dedication-disclosure doctrine.

Here’s the latest.

As we reported earlier today, a Federal Circuit panel this morning issued a precedential order in VirnetX Inc. v. Cisco Systems, Inc. The order is important. It highlights the potential reach of the Federal Circuit’s decision earlier this year in Arthrex, Inc. v. Smith & Nephew, Inc. Indeed, it suggests that Administrative Patent Judges are unconstitutionally appointed with respect to every aspect of their work: not just inter partes reviews, and not just inter partes reexaminations, but also everything else, including ex parte reexaminations, covered business method review, and ex parte appeals.

About once a month we provide an update on activity in important patent cases. In particular, we keep track of patent cases pending before panels of the Federal Circuit, where the cases involve at least one amicus brief. We also keep track of non-patent cases that attract amicus briefs, but only once those cases have been scheduled for oral argument. Finally, we also highlight panel cases we find important. You can find all of these cases in the “Other Cases” section of our blog. Today, with respect to these cases, we highlight two patent cases with new briefing, an argument recap in the only such case argued in April, and three upcoming oral arguments in these cases. Here are the details.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. In granted cases, the Court postponed one oral argument. In petitions cases, one new petition was filed in a patent case presenting questions related to retroactive application of inter partes review and waiver with respect to an Appointments Clause challenge. Two responses in opposition to petitions were filed in patent cases raising questions related to the written description requirement and standing to appeal in inter partes review proceedings. There was one new reply brief filed in a veterans case concerning attorneys fees. And several amicus briefs were filed in three cases. Here are the details.

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights an article about a recent Federal Circuit decision related to the 2017 Veterans Affairs Accountability and Whistleblower Protection Act, a call to fast-track a case related to GI Bill benefits, a comment on the Federal Circuit’s recent decision to provide access to live audio of oral arguments during the court’s April 2020 session, and a blog post about the denial of a motion to stay issuance of the mandate in Arthrex.

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights two articles discussing the Federal Circuit’s denial of en banc rehearing in Arthrex, Inc. v. Smith & Nephew, Inc., a report on upcoming oral arguments set to be heard before the Federal Circuit over plutonium fines, and a preview of the oral argument to be heard before the Supreme Court in Google LLC v. Oracle America, Inc.