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:

  • an article discussing the long-term impact of the Federal Circuit’s decision concerning two patents covering the drug Eliquis;
  • a report detailing the ITC’s urging of the Federal Circuit to uphold its ruling of infringement of Jeep’s trade dress;
  • an article discussing a recent bid protest in the context of challenging government agency decisions; and
  • a report focusing on a precedential order by the Federal Circuit regarding the PTAB’s conclusion that it is not bound by agreements to arbitrate validity disputes.
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Opinions

Opinions & Orders – September 3, 2021

This morning the Federal Circuit issued two nonprecedential opinions in a case addressing the jurisdiction of the United States Court of Federal Claims and in a patent case appealed from the District Court for the District of Delaware addressing claim construction. Here are the introductions to the opinions.

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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:

  • a Federal Circuit opinion reversing a $1.2 billion dollar jury verdict;
  • the use of court-appointed technical advisors by federal district courts in patent cases;
  • how the Federal Circuit affirmed a district court’s order prohibiting certain expert testimony related to damages in a patent case; and
  • a Federal Circuit opinion in a patent case addressing the construction of a claim preamble.
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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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