Here is this month’s 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 several new opinions issued, relating to takings, trade, patents, and trademarks. Also, there was one principal and response brief filed in a patent case and two new reply briefs filed in two other patent cases. There were no new cases pending before panels of the Federal Circuit that attracted at least one amicus brief. Here are the details.
Recent News on the Federal Circuit
Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today we highlight:
- a piece discussing how the Federal Circuit recently “said scientists Jennifer Doudna and Emmanuelle Charpentier will get another chance to show they ought to own the key patents on what many consider the defining biotechnology invention of the 21st century”;
- an article discussing how a panel of the D.C. Circuit “seemed skeptical” of Judge Newman’s argument “that a statute allowing courts to self-police instances of misconduct and disability is unconstitutional across the board”;
- a blog post criticizing a recent Federal Circuit decision that he says “appears to have unintentionally upended fundamental principles of [inter partes review] estoppel”; and
- a report that the Dana-Farber Cancer Institute and Memorial Sloan-Kettering Cancer Center filed an amicus brief with the Federal Circuit, urging the court to “review a decision rejecting Xencor’s application for an antibody patent.”
Opinions & Orders – May 12, 2025
Today the Federal Circuit released a precedential opinion affirming in part, vacating in part, and remanding in part a case involving an interference between patent applications related to CRISPR-Cas9. The court also released two nonprecedential opinions in two pro se cases, four Rule 36 summary affirmances, and two nonprecedential orders dismissing appeals. Here are the introductions to the opinions and links to the summary affirmances and dismissals.
Update on Important Panel Activity
Here is an 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 three new opinions and dispositions in a Little Tucker Act case, a case appealed from the Merit Systems Protection Board, a takings case, and a patent case. We also highlight three new cases that attracted amicus briefs: a patent case, a trademark case, and a veterans case. We also highlight new briefing in four patent cases as well as recent oral arguments in a patent case and government contract case. Here are the details.
Argument Recap – Regents of the University of California v. Broad Institute, Inc.
Earlier this month, the Federal Circuit heard oral argument in Regents of the University of California v. Broad Institute, Inc., a patent case that attracted an amicus brief. In this case, the Federal Circuit is reviewing a judgment of the Patent Trial and Appeal Board in an interference proceeding concerning competing patent applications related to using the CRISPR-Cas9 gene-editing system in eukaryotic (e.g., plant or animal) cells. Judges Reyna, Hughes, and Cunningham heard the argument. This is our argument recap.
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 news release discussing how Federal Circuit Judge Richard Linn has been “selected to receive the prestigious 2024 American Inns of Court Professionalism Award for the Federal Circuit”; and
- an article highlighting a pending case at the Federal Circuit in which the court will review a judgment of the Patent Trial and Appeal Board in an interference proceeding concerning competing patent applications related to the CRISPR-Cas9 gene-editing system.
Court Week – May 2024 – What You Need to Know
This week is Court Week at the Federal Circuit. In total, the court will convene 11 panels to consider 60 cases. Of these cases, the court will hear oral arguments in 42. The Federal Circuit is providing access to live audio of these arguments via the Federal Circuit’s YouTube channel. This month, two cases scheduled for oral argument attracted amicus briefs. Here’s what you need to know about these two cases.
Argument Preview – The Regents of the University of California v. Broad Institute, Inc.
Two cases being argued in May at the Federal Circuit attracted amicus briefs. One of these cases is Regents of the University of California v. Broad Institute, Inc. In this case, the Federal Circuit will review a judgment of the Patent Trial and Appeal Board in an interference proceeding concerning competing patent applications related to the CRISPR-Cas9 gene-editing system. This is our argument preview.