FedCircuitBlog

Here is another update on activity in cases pending before panels of the Federal Circuit where the cases involve at least one amicus brief. We keep track of these cases in the “Other Cases” section of our blog. Today, with respect to these cases we highlight two dispositions for patent cases and another that addresses jurisdiction. We also highlight four new cases (a contract case, a trade case, a takings case, and a tax case), all of which are set to be argued next month, along with a patent case. Additionally, we highlight an argument recap in patent case. Here are the details.

Late last month, the Federal Circuit issued its opinion in Jazz Pharmaceuticals, Inc. v. Avadel CNS Pharmaceuticals LLC, a patent case that attracted an amicus brief. In this case, the Federal Circuit reviewed a determination by a district court that Jazz must request the Food and Drug Administration remove (or “delist”) one of its patents from the FDA’s so-called Orange Book because that patent was improperly listed. In an opinion authored by Judge Lourie and joined by Judges Reyna and Taranto, the Federal Circuit affirmed the district court’s judgment. This is our opinion summary.

In February, the Federal Circuit heard oral argument in Jazz Pharmaceuticals, Inc. v. Avadel CNS Pharmaceuticals LLC, a patent case that attracted an amicus brief. In this case, the Federal Circuit is reviewing a determination by a district court that Jazz must request the Food and Drug Administration remove (or “delist”) one of its patents from the FDA’s so-called Orange Book because that patent was improperly listed. The panel hearing the oral argument included Judges Lourie, Reyna, and Taranto. This is our argument recap.

This week is Court Week at the Federal Circuit. In total, the court will convene eleven panels to consider 48 cases this week and on Tuesday of next week. Of these 48 cases, the court will hear oral arguments in 35. The Federal Circuit is providing access to live audio of these arguments via the Federal Circuit’s YouTube channel. Of the argued cases, three cases attracted amicus briefs. Two are appeals of judgments of patent ineligibility, and one is an appeal of an order to request the Food and Drug Administration to remove (or “delist”) a patent from the FDA’s so-called Orange Book. Here’s what you need to know about these three cases.

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:

• a blog post about some of the most common claim drafting issues “for biotech, chemical and pharma patent applications”;
• an article about how “VLSI Technology LLC plans to appeal an administrative ruling that wiped out 12 of its microchip patent claims”; and
• another article about “Jazz Pharmaceuticals Inc. . . . [urging] the Federal Circuit to undo a federal injunction forcing it to delist a narcolepsy drug-related patent.”