En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit in patent cases. While there were no recent petitions, responses to petitions, or denials of petitions, the court did receive several amicus briefs. One amicus brief came in Apple Inc. v. Qualcomm Inc., a case concerning the panel’s decision to deny competitor standing in an appeal from the Patent Trial and Appeal Board. Three came in Amgen Inc. v. Sanofi, Aventisub LLC, where the petition raised questions related to “the panel’s new enablement test for genus claims with functional limitations” and whether that test is consistent with Supreme Court precedent on point. Here are the details.

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Opinions

Opinions & Orders – December 16, 2020

This morning, the Federal Circuit issued a nonprecedential opinion in a patent case and a Rule 36 judgment in a patent case. Here is the introduction to the opinion and a link to the Rule 36 judgment.

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News

Recent News on the Federal Circuit

Here’s the latest.

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News

Recent News on the Federal Circuit

Here’s the latest.

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Opinions

Today’s Opinions – April 21, 2020

This morning the Federal Circuit issued two precedential opinions in patent cases and one nonprecedential erratum. Here are the introductions to the opinions and the text of the erratum.

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Argument Recap

Argument Recap – Biogen MA Inc. v. EMD Serono, Inc.

Our final argument recap this month comes in Biogen MA Inc. v. EMD Serono, Inc. As we noted in our argument preview, in this case the court confronts invalidity and infringement arguments related to IFN-β-related polypeptides, which can be used to treat multiple sclerosis. Last Friday, the parties (Plaintiff-Appellee Biogen MA, Inc. and Defendants-Appellants EMD Serono, Inc. and Pfizer Inc.) presented their arguments to a panel of the court that included Judges Newman, Linn, and Hughes.

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News

Recent News on the Federal Circuit

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights the Federal Circuit’s ruling in American Institute for International Steel v. United States upholding the Trump administration’s steel tariffs, an argument made by the U.S. Patent and Trademark Office that Arthrex does not extend to trademark judges, and a ruling by the Federal Circuit denying an injunction against a producer of a bioequivalent multiple sclerosis drug.

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Court Week

Court Week – What You Need to Know

This week, the Federal Circuit will hold 16 panel hearings and hear oral arguments in about 58 cases. Amicus briefs were filed in four of these cases. The first of these is a patent case dealing with patent eligible subject matter under 35 U.S.C. § 101. The second case addresses the issue of obviousness-type double patenting. The third is a takings case involving a notice of interim trail use. The fourth case focuses on invalidity and infringement standards for the administration of a multiple sclerosis treatment. Continue reading for more information about each of the featured cases.

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Argument Preview

Argument Preview – Biogen MA Inc. v. EMD Serono, Inc.

Next week is argument week at the Federal Circuit, and four cases slated to be argued attracted amicus briefs. A patent case, Biogen MA v. EMD Serono, Inc., drew interest from Bayer Healthcare Pharmaceuticals on the issue of invalidity of a patent “for the use of recombinant IFN-β ‘polypeptides’ to treat various diseases.” Here is our argument preview.

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Panel Activity

Update on Important Panel Activity

As a reminder, once a month we provide an update on activity in patent cases pending before panels of the Federal Circuit where the cases involve at least one amicus brief. We keep track of these patent cases in the “Other Cases” section of our blog. (There we also highlight non-patent cases that attract amicus brief, but only once those cases have been scheduled for oral argument.) Today, with respect to patent cases, we highlight one new opinion, a recent oral argument, and three upcoming oral arguments.

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