FedCircuitBlog

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 opinions in cases that attracted amicus briefs: an Equal Pay Act case, a vaccine case, and a veterans case. Additionally, we highlight two new patent cases, new briefing in two patent cases, and oral arguments in nine cases last and this month. Here are the details.

As we have been reporting, earlier this month the Federal Circuit heard oral argument in four cases that attracted amicus briefs. One of those cases is Crocs, Inc. v. Effervescent, Inc., in which the Federal Circuit is reviewing a determination by a judge in the District of Colorado to grant Crocs’ motion for summary judgment on a Lanham Act claim. This is our argument recap.

This week is Court Week at the Federal Circuit. In total, the court will convene 13 panels to consider 65 cases. Of these 65 cases, the court will hear oral arguments in 46. The Federal Circuit is providing access to live audio of these arguments via the Federal Circuit’s YouTube channel. This month, four cases scheduled for oral argument attracted amicus briefs. Here’s what you need to know about these four cases.

As we’ve been highlighting, four cases being argued in April at the Federal Circuit attracted amicus briefs. One of these cases is Crocs, Inc. v. Effervescent, Inc. In this case, the Federal Circuit will review a determination by a judge in the District of Colorado to grant a motion for summary judgment dismissing a claim of false advertising under the Lanham Act. This is our argument preview.

This morning, the Federal Circuit released a precedential opinion in a trade case affirming the Court of International Trade’s determination of duty-free treatment of the active ingredient in a medication for the treatment of the human immunodeficiency virus (“HIV”), a nonprecedential opinion in a patent case affirming a dismissal for lack of eligibility, a nonprecedential order unsealing the trade opinion, and an erratum. Here are are the introductions to the opinions, text from the order, and link to the erratum.

This morning the Federal Circuit issued a modified precedential order granting a motion to substitute a successor-in-interest in an appeal of an inter partes reexamination of a design patent. Compared to the original order, the modified order differs primarily in that Judge Dyk modified parts of the original order and Judge O’Malley now dissents from the grant of the motion. Here is the introduction to the modified order and the text of Judge O’Malley’s dissent.

• Federal Circuit Rules PTAB Erred on Successor-in-Interest Issue in Crocs Case – The Federal Circuit granted a motion to substitute in a case involving a design patent infringement issue between Mojave Desert Holdings, LLC and Crocs, Inc. (Crocs).
• Apple Asks To Postpone March Patent Trial Due To COVID-19 – Apple requested that the Federal Circuit postpone its patent trial to later in 2021 when the trial participants will have had a chance to be vaccinated.

Here’s the latest.

This morning, the Federal Circuit issued a precedential opinion in a patent case reversing in part and vacating in part a decision by the Patent Trial and Appeal Board. The court also issued a nonprecedential in another patent case, this time affirming the Patent Trial and Appeal Board. Here are the introductions to the opinions.

This morning the Federal Circuit issued one precedential opinion in a patent case. The court also issued three nonprecedential opinions: two in patent cases and one in an appeal from the Merit Systems Protection Board. Finally, the court issued one precedential order granting a motion to substitute a successor-in-interest in a design patent case. Here are the introductions to the opinions and text from the order.