Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to the Supreme Court’s October 2021 term, the Court still has not granted any petitions in cases decided by the Federal Circuit. As for pending petitions, since our last update one new petition was filed in a trademark case. Additionally, the government filed two waivers of right to respond. The Court also requested responses to two pending petitions in patent cases. Lastly, the Court denied seven petitions. Here are the details.
This morning, the Federal Circuit issued a nonprecedential opinion in a case appealed from the Merit Systems Protection Board, two nonprecedential opinions in pro se patent cases, and a nonprecedential opinion in a taking cases. The court also issued an erratum and a Rule 36 summary affirmance. Here are the introductions to the opinions and links to the erratum and summary affirmance.
- Fed. Circ. Ruling Is Troubling For Generic Drug Manufacturers – In a 2-1 decision, the Federal Circuit issued an opinion addressing the role of skinny labels in an induced infringement analysis.
- Work History Tool Properly Held Ineligible for Patent Protection – The Federal Circuit issued a nonprecedential opinion on Monday affirming a district court decision that an invention directed at a method for verifying work history is too abstract to patent.
- Fed. Circ. Urged To Undo Ugg’s $450K Trademark Win – An Australian apparel company argued on Monday that the lower court used the wrong legal test in finding that “ugg” is not a generic word for a kind of sheepskin boot.
Here’s the latest.