News

Recent News on the Federal Circuit

Here’s the latest.

Read More
Opinions

Opinions & Orders – September 15, 2020

This morning the Federal Circuit issued one precedential opinion in an appeal from an arbitrator’s decision in an employment case, one nonprecedential opinion in a patent case, and one nonprecedential order granting a petition for a writ of mandamus. Here are the introductions to the opinions and the text from the order.

Read More
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. As for merits cases, highlights include an oral argument and a slew of amicus briefs, respectively, in two cases. As for petitions, only one new petition was filed, and just a handful of response and reply briefs were filed. The Supreme Court, however, denied petitions in a large number of cases, including most notably in Athena, Hikma, and HP, as we previously discussed. Here are the details.

Read More
Featured / Supreme Court Activity / What's Happening Now

Breaking News – Supreme Court Denies Review in Athena, Hikma, and HP

This morning the Supreme Court denied the petition for certiorari in Athena Diagnostics, Inc. v. Mayo Collaborative Services, LLC, one of the most important patent cases in recent memory. In that case, the petitioner pleaded with the Court to revisit the doctrine of patent eligibility given the uncertainty and incorrect results generated by the Supreme Court’s 2012 decision in Mayo Collaborative Services v. Prometheus Laboratories, Inc., particularly in the area of life sciences technologies. Notably, the Court also denied review in two other cases raising issues related to patent eligibility, Hikma Pharmaceuticals USA Inc. v. Vanda Pharmaceuticals Inc. and HP Inc. v. Berkheimer. We have the details.

Read More
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. Highlights include the reply brief on the merits in Romag Fasteners, Inc. v. Fossil, Inc., four new petitions (two in patent cases and two in veterans cases), two responses to petitions (both related to patent eligibility), three reply briefs in support of petitions (in one patent case and two veterans cases), and supplemental briefs and a letter to the court in five cases as a result of the government’s amicus briefs related to patent eligibility in Hikma Pharmaceuticals USA Inc. v. Vanda Pharmaceuticals Inc. and HP Inc. v. Berkheimer. Here are the details.

Read More
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.

Read More
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 news regarding a recent decision by the Federal Circuit in a veterans case related to Agent Orange exposure, today’s oral argument at the Supreme Court in three cases decided by the Federal Cirxuit, the Solicitor General’s recent amicus briefs suggesting the Supreme Court should wait to review a case concerning patent eligibility law, and a summary of Converse’s efforts to protect its Chuck Taylor shoe from alleged copyists.

Read More
Featured / Supreme Court Activity

Solicitor General Suggests Supreme Court Deny Review in Two Patent Cases Concerning Eligibility

On Friday the Solicitor General filed amicus briefs requested by the Supreme Court in two patent cases, Hikma Pharmaceuticals USA Inc. v. Vanda Pharmaceuticals Inc. and HP Inc. v. Berkheimer. In both cases, the Solicitor General recommended that the Court deny review. A closer examination of the briefs, however, shows the Solicitor General supporting a reexamination of substantive, if not not procedural, patent eligibility law, at least as expressed by the Supreme Court since Bilski v. Kappos in 2010, and in particular in the currently-pending case Athena Diagnostics, Inc. v. Mayo Collaborative Services, LLC.

Read More
News

Recent News on the Federal Circuit

Here is a report on recent news and commentary related to the Federal Circuit and its cases, including two articles highlighting recent panel decisions, one blog post commenting on a recent grant of panel rehearing, and another blog post addressing a pending petition for certiorari.

Read More