FedCircuitBlog

This morning the Federal Circuit issued a nonprecedential order denying a petition for a writ of mandamus against the U.S. Patent and Trademark. The petition requested the Federal Circuit compel the Director of the USPTO to review a board decision in an inter partes review in light of the recent Supreme Court decision in United States v. Arthrex, Inc. Here is the introduction to the order.

This post summarizes recent activity at the Supreme Court in cases decided by the Federal Circuit.

• The Supreme Court received three new petitions this week: (1) Personal Audio, LLC v. CBS Corp., (2) ESIP Series 2, LLC v. Puzhen Life USA, LLC, and (3) Medina v. Federal Aviation Administration.
• Nine briefs were filed in response to the petition in United States v. Image Processing Technologies LLC.
• Three replies were submitted to the Court, the first by BioDelivery in BioDelivery Sciences International, Inc. v. Aquestive Therapeutics, Inc., the second by Chamberlain in The Chamberlain Group, Inc. v. Techtronic Industries Co., and the third by Campbell in Campbell v. United States.
• One supplemental brief was filed by Ameranth in Ameranth, Inc. v. Domino’s Pizza, LLC.
• Lastly, nine waivers of right to respond were submitted to the Court in three cases: (1) United States v. Image Processing Technologies LLC, (2) Sanders v. United States, and (3) Michelson v. Department of the Army.

Here are the details.

Here is an update on recent en banc activity at the Federal Circuit. In NOVA v. Secretary of Veterans Affairs, a veterans case in which the en banc court will consider the court’s jurisdiction to review interpretive rules the Department of Veterans Affairs promulgates in its Adjudication Procedures Manual, three new amicus briefs were filed. Other highlights include new petitions in two patent cases raising questions related to venue and claim preclusion; a new response to a petition in another patent case raising questions related to jurisdiction; an invitation to respond to a petition raising questions related to patent eligibility; and the denial of a petition raising questions related to obviousness. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include new petitions filed in three cases raising questions related to standing, obviousness, and eligibility; a new invitation for a response in a case raising questions related to obviousness; two new amicus briefs in cases raising questions related to claim construction, joinder, and deference to Precedential Opinion Panels; and the denial of seven petitions raising questions related to claim construction, eligibility, novelty, non-obviousness, and the Appointments Clause. Here are the details.

• Federal Circuit Suspends In-Person Oral Arguments – The Federal Circuit indefinitely suspended in-person oral arguments amidst COVID-19 pandemic.
• Biotech Trade Organization Urges the Federal Circuit to End Obviousness Test – in its amicus brief, the Biotechnology Innovation Organization asks the Federal Circuit to end its “unrealistic” approach to evaluating obviousness.
• Federal Circuit Denies Review for Real-Parties-in-Interest Arguments – The Federal Circuit uses Supreme Court precedent to declare PTAB decisions regarding the real-parties-in-interest non-appealable.

Here’s the latest.

This morning the Federal Circuit issued two precedential opinions, one in a patent case and one in a government contracts case. Here are the introductions to the opinions.