En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received two new petitions raising questions related to patent eligibility and inter partes review estoppel. Here are the details.

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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:

  • an article about a recent Federal Circuit decision addressing estoppel in inter partes review patent proceedings;
  • an article discussing another recent decision in which an “Endo International Plc subsidiary failed to convince the Federal Circuit that a generic version of its bestselling blood-pressure drug infringed its patents”;
  • a third article summarizing another recent decision invoking “the rule prohibiting recapture of subject matter surrendered during prosecution” following an amendment “to overcome a § 101 patent eligibility rejection.”
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Opinions

Opinions & Orders – August 17, 2022

This morning the Federal Circuit released a precedential opinion in a patent case appealed from the Western District of Texas. The Federal Circuit reversed-in-part, affirmed-in-part, and remanded. It reversed as to a specific claim, concluding that the district court erred in not applying inter partes review estoppel under 35 U.S.C. § 315(e)(2) as to that claim. It affirmed the district court’s denial of the plaintiff’s request to amend its selection of asserted claims to add claims not at issue in the inter partes review. Here is the introduction to the opinion.

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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 – May 28, 2020

This morning the Federal Circuit issued one nonprecedential order in a patent case vacating the court’s judgment and dismissing the appeal for lack of appellate jurisdiction. Here is text from the order.

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Petitions / Supreme Court Activity

Recent Supreme Court Activity

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit.

Here are the details.

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Featured / Supreme Court Activity

Breaking News – Supreme Court Rules PTAB Inter Partes Review Time-Bar Decisions Unappealable

This morning the Supreme Court issued its opinion in Thryv, Inc. v. Click-to-Call Technologies, LLC. The Court held that time-bar decisions made by the Patent Trial and Appeal Board when determining whether to institute inter partes review proceedings are not appealable. Justice Ginsburg authored the majority decision. Justices Gorsuch and Sotomayor dissented.

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Petitions / Supreme Court Activity

Recent Supreme Court Activity

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. It was an exceptionally busy week. In granted cases, the Supreme Court decided Peter v. NantKwest, Inc. and heard oral arguments in four of its other cases. As for petitions cases, two petitions were denied and four new responses, two new replies, and three new amicus briefs were filed. Here are the details.

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