FedCircuitBlog

Yesterday the Supreme Court granted the petitions for certiorari in three related Arthrex cases: (1) United States v. Arthrex, Inc. (19-1434), (2) Smith & Nephew, Inc. v. Arthrex, Inc. (19-1452), and (3) Arthrex, Inc. v. Smith & Nephew, Inc. (19-1458). The Court decided to consolidate the cases for briefing and oral argument and announced that all future filings and activity will be reflected on docket of No. 19-1434. The Court’s widely anticipated review will determine the fate of Administrative Patent Judges (APJs) under the Appointments Clause. Here are the details.

• A Patent Crisis—Supreme Court Can Help America Compete Again – Former Chief Judge of the Federal Circuit, Randall Rader, discusses the need for a strong patent system in the United States in light of recent decisions and international competition.
• Federal Circuit Shoots Down Apple Bid to Strike Certain Voip-Pal Claims Upheld by PTAB – The Federal Circuit affirmed the PTAB’s finding of validity of Voip-Pal’s patent and upheld the sanctions granted against Apple in Apple Inc. v. Voip-Pail.com, Inc.
• IP at the Supreme Court: 2 Big Cases and a Lot of Long Shots – With the Supreme Court already granting certiorari to one case appealed from the Federal Circuit, other cases may also warrant review by the nation’s highest court.

Here’s the latest.

• Why Patents Can Matter In Trade Secret Cases – A recent petition for certiorari to the Supreme Court in Acer America Corp. v. Intellisoft, Ltd., highlights the critical interrelationship between trade secret law and patent law.
• Fed. Circ. Won’t Revive Presidio’s Capacitor Patent Claims – The Federal Circuit issued a nonprecedential opinion in a patent case involving a capacitor, described by the Federal Circuit as “a device that stores energy in an electric field when connected to an electrical circuit.”
• Supreme Court to consider all sides’ cert petitions in Arthrex patent-law case – Next week, the U.S. Supreme Court meets for its first conference since the summer recess. The agenda includes the controversial decision in Arthrex, Inc. v. Smith & Nephew.

Here’s the latest.

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.

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

• In Google LLC v. Oracle America, Inc., Google and Oracle submitted supplemental briefs addressing the correct standard of review for the second question presented in the case.
• The following two petitions for writ of certiorari were submitted to the Supreme Court: (1) Customedia Technologies, LLC v. Dish Network Corp. and (2) Essity Hygiene and Health AB v. Cascades Canada ULC.
• Arthrex, Inc. submitted its reply to the Court in the Appointments Clause petition Arthrex, Inc. v. Smith & Nephew, Inc.
• In The Chamberlain Group, Inc. v. Techtronic Industries Co., Techtronic filed its brief in opposition to the petitioner’s argument for granting certiorari.

Here are the details.

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

• The Supreme Court received the four new petitions for writs of certiorari in (1) Strand v. United States, (2) Comcast Cable Communications, LLC v. Promptu Systems Corp., (3) HZNP Finance Ltd. v. Actavis Laboratories UT, Inc., and (4) Martin v. Department of Homeland Security.
• Both the United States in Campbell v. United States and Ericsson, Inc. in TCL Communication Technology Holdings Limited v. Telefonaktiebolaget LM Ericsson submitted briefs in opposition to petitions.
• Two replies were submitted to the Court, the first by Andrea Lea in Lea v. United States and the second by Jake LaTurner in LaTurner v. United States.
• Five amicus briefs were filed in three cases: (1) United States v. Arthrex, Inc., (2) Arthrex, Inc. v. Smith & Nephew, Inc., and (3) Polaris Innovations Ltd. v. Kingston Technology Co.

Here are the details.

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

• The Supreme Court received three new petitions for writ of certiorari in (1) Blodgett v. United States, (2) United States v. Image Processing Technologies LLC, and (3) Cheetah Omni LLC v. AT&T Services, Inc.
• The United States, Arthrex, Inc, and Smith & Nephew, Inc. filed related responses in the following petitions: (1) Polaris Innovations Ltd. v. Kingston Technology Co., (2) Arthrex, Inc. v. Smith & Nephew, Inc., (3) Smith & Nephew, Inc. v. Arthrex, Inc., and (4) United States v. Arthrex, Inc.
• Only one waiver of right to respond was filed with the Court this week in Morsa v. Iancu by Andrei Iancu, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office.

Here are the details.

• Federal Circuit Won’t Undo Intel Wins – The Federal Circuit upheld PTAB rulings in Intel Corp. v. Alacritech, Inc., cementing victory for Intel and other tech companies.
• Flash-of-Genius as Evidence of Eligibility – Steve Morsa filed a new Supreme Court petition using the Court’s “flash of genius” argument to justify granting certiorari.
• Another Arthrex Petition – Arthrex filed its second petition, out of three total petitions for writ of certiorari, challenging the Federal Circuit’s decision in Arthrex, Inc. v. Smith & Nephew, Inc.

Here’s the latest.

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

• The Supreme Court received one new petition for writ of certiorari this week in the patent case Duke University v. Biomarin Pharmaceutical Inc.
• Both the Honorable Randall R. Rader and High 5 Games submitted two new amicus briefs in support of the petitioner to the Court in the petition The Chamberlain Group, Inc. v. Techtronic Industries Co.

Here are the details.

• Federal Circuit Keeps Expanding Appointments Decision – The Arthrex, Inc. v. Smith & Nephew, Inc. decision was broadened to also encompass ex parte appeals according to the Federal Circuit’s precedential ruling in In re Boloro Global Ltd. on Tuesday.
• BofA’s $173M Refund Suit Belongs In Claims Court – The Federal Circuit vacated and remanded Bank of America Corp. v. United States to the Court of Federal claims because the district court lacked standing under Section 1346(a)(1) of the U.S. Judicial Code.
• Fitbit Given Another Shot At Nixing Biometrics Patent – Fitbit, pursuant to the Federal Circuit’s precedential opinion in Fitbit, Inc. v. Valencell, Inc., was granted a second chance to invalidate all of Valencell’s claims because of an erroneous standing ruling by the PTAB.

Here’s the latest.