Opinions

Opinions & Orders – August 5, 2021

This morning the Federal Circuit issued a precedential opinion in a patent case in which the court reinstated a jury verdict of infringement over a dissent by Judge Prost. The court also issued an erratum. Here is the introduction to the opinion and a link to the erratum.

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En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit in patent cases. While there were no recent petitions, responses to petitions, or denials of petitions, the court did receive several amicus briefs. One amicus brief came in Apple Inc. v. Qualcomm Inc., a case concerning the panel’s decision to deny competitor standing in an appeal from the Patent Trial and Appeal Board. Three came in Amgen Inc. v. Sanofi, Aventisub LLC, where the petition raised questions related to “the panel’s new enablement test for genus claims with functional limitations” and whether that test is consistent with Supreme Court precedent on point. Here are the details.

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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 dispositions, one new case with an amicus brief, one case with new briefing, one case update, three recent oral arguments, and two upcoming oral arguments. Here are the details.

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Argument Recap / Panel Activity

Argument Recap – GlaxoSmithKline LLC v. Teva Pharmaceuticals USA, Inc.

As we previously reported, the Federal Circuit recently conducted a panel rehearing in GlaxoSmithKline LLC v. Teva Pharmaceuticals USA, Inc. In this case, Teva petitioned the en banc court to reconsider the panel’s decision that Teva induced infringement through use of a skinny label on its generic version of GlaxoSmithKline’s (GSK) drug Coreg. Teva pointed to Hatch-Waxman and asserted that Congress provided a statutory “carve-out” mechanism allowing a generic to adopt a skinny label for unpatented uses that cannot be blocked by a patent on one method of using the drug. The panel treated the motion as requesting panel rehearing and granted panel rehearing. This is our recap of the rehearing oral argument.

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Featured / Panel Activity

Case Update – GlaxoSmithKline LLC v. Teva Pharmaceuticals USA, Inc.

Recently, a panel of the Federal Circuit granted panel rehearing in GlaxoSmithKline LLC v. Teva Pharmaceuticals USA, Inc. In this case, Teva petitioned the en banc court to reconsider the panel’s decision that Teva induced infringement through use of a skinny label on its generic version of GlaxoSmithKline’s (GSK) drug Coreg. The panel treated the petition as requesting panel rehearing, granted the petition, and ordered a second oral argument in the case, which was held this morning. Here are the details of the case.

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En Banc Activity

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit. It has been a quiet week. Highlights include a second caption change in a veterans case pending before the en banc court, a grant of panel rehearing in a patent case raising a question concerning inducement of infringement in the context of Hatch-Waxman, and a denial of a petition in a patent case raising questions related to enablement and claim construction. Here are the details.

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En Banc Activity

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit. The en banc court will hear oral argument tomorrow in a veterans case. As for patent cases, highlights include new petitions questions related to inter partes review, enablement, and eligible subject matter; a new response to a petition raising questions related to the intersection of inducement of infringement and Hatch-Waxman; and the denial of three petitions raising questions related to eligible subject matter, enablement, the intersection of venue and Hatch-Waxman, and the presumption of validity. Here are the details.

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En Banc Activity

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit. The court received a response to a petition raising questions related to transfer of venue in a patent case, an amicus brief in the same case, and eight amicus briefs in another case with a petition raising questions related to inducement of patent infringement in the context of Hatch-Waxman. Here are the details.

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En Banc Activity

Recent En Banc Activity

Here is an update on recent en banc activity in patent cases at the Federal Circuit. Highlights include new petitions raising questions related to inter partes review, eligible subject matter, and enablement; a new response to a petition addressing intervention; two new invitations to respond to petitions raising questions related to transfer of venue and inducement of infringement in the context of Hatch-Waxman; and the denial of a petition related to anticipation. Here are the details.

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En Banc Activity

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit. We have activity to report in both of the court’s two pending en banc veterans cases: a unanimous opinion in one and the filing of the appellant’s reply brief in the other. In patent cases with petitions for en banc rehearing, six new petitions have been filed raising questions related to patent eligibility, claim construction, due process, inducement of infringement in the context of Hatch-Waxman, and venue in the context of Hatch-Waxman. The court has also issued invitations for responses to petitions in two cases raising questions related to patent eligibility and intervention. And the court has denied three petitions raising questions related to obviousness, infringement and claim construction. Here are the details.

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