Opinions

Opinions & Orders – August 28, 2023

Today, the Federal Circuit released two opinions, one precedential and one nonprecedential, both in patent cases. The precedential opinion, which inspired six amici briefs, addresses obviousness-type double patenting. The nonprecedential opinion involves a consolidated appeal of two inter partes review decisions, which held all challenged claims invalid on grounds of obviousness. Here are the introductions to the opinions.

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Panel Activity

Update on Important Panel Activity

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 two new patent cases; opinions in a Clean Water Act case and a pro se case; a summary affirmance in a patent case; and oral arguments in a pro se case, a trade case, and two related patent cases. Here are the details.

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Argument Recap

Argument Recap – In re Cellect, LLC (Cellect II)

Earlier this month, the Federal Circuit heard oral argument in In re Cellect, LLC (“Cellect II”). In this case, the Federal Circuit is reviewing a judgment of the Patent Trial and Appeal Board invalidating Cellect’s patents under the doctrine of obviousness-type double patenting. Judges Lourie, Dyk, and Reyna heard the oral argument. This is our argument recap.

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Argument Recap

Argument Recap – In re Cellect, LLC (Cellect I)

Earlier this month, the Federal Circuit heard oral argument in In re Cellect, LLC (“Cellect I”), a patent case. In this case, the Federal Circuit reviewed a judgment of the Patent Trial and Appeal Board finding patent claims unpatentable for obviousness-type double patenting. This is our argument recap.

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Opinions

Opinions & Orders – June 14, 2023

Late yesterday and this morning, the Federal Circuit released two opinions, one precedential and one nonprecedential, both in patent cases and both addressing obviousness. Additionally, the court released five nonprecedential orders, one transferring a case to another court, one summarily affirming a judgment, one granting a motion to remand a case, and two dismissing appeals. Additionally, the court released four summary affirmances and an erratum. Here are the introductions to the opinions and orders and links to the dismissals, summary affirmances, and the erratum.

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Court Week / Panel Activity

Court Week – June 2023 – What You Need to Know

This week is Court Week at the Federal Circuit. In total, the court will convene eleven panels to consider 50 cases this week. Of these 50 cases, the court will hear oral arguments in 40. The Federal Circuit is providing access to live audio of these arguments via the Federal Circuit’s YouTube channel. This month, four cases attracted amicus briefs. Here’s what you need to know about these four cases.

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Argument Preview

Argument Preview – In re Cellect, LLC (Cellect II)

As we previously mentioned, four cases being argued in June at the Federal Circuit attracted amicus briefs, and two of those cases are appeals from ex parte reexaminations involving the same appellant, Cellect, LLC. In In re Cellect, LLC (“Cellect II”), the Federal Circuit will review a judgment by the Patent Trial and Appeal Board invalidating Cellect’s patents under the doctrine of obviousness-type double patenting. This is our argument preview.

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Argument Preview

Argument Preview – In re Cellect, LLC (Cellect I)

As we previously mentioned, four cases being argued in June at the Federal Circuit attracted amicus briefs. Two of those cases are appeals from ex parte reexaminations involving the same appellant, Cellect, LLC. In In re Cellect, LLC (“Cellect I”), the Federal Circuit will review a judgment of the Patent Trial and Appeal Board finding patent claims unpatentable for obviousness-type double patenting. This is our argument preview.

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