FedCircuitBlog

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

• Two briefs in response to petitions were filed with the Court, the first by Comcast in Rovi Guides, Inc. v. Comcast Cable Communications, LLC, and the second by the government in Strand v. United States.
• One waiver of right to respond to the petition in Consumer 2.0, Inc. v. Tenant Turner, Inc. was filed with the Court by Tenant Turner.
• Lastly, the Supreme Court denied the petition for writ of certiorari in HZNP Finance Ltd. v. Actavis Laboratories UT, Inc.

Here are the details.

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

• In Google LLC v. Oracle America, Inc., Google and Oracle submitted supplemental briefs addressing the correct standard of review for the second question presented in the case.
• The following two petitions for writ of certiorari were submitted to the Supreme Court: (1) Customedia Technologies, LLC v. Dish Network Corp. and (2) Essity Hygiene and Health AB v. Cascades Canada ULC.
• Arthrex, Inc. submitted its reply to the Court in the Appointments Clause petition Arthrex, Inc. v. Smith & Nephew, Inc.
• In The Chamberlain Group, Inc. v. Techtronic Industries Co., Techtronic filed its brief in opposition to the petitioner’s argument for granting certiorari.

Here are the details.

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

• The Supreme Court received the four new petitions for writs of certiorari in (1) Strand v. United States, (2) Comcast Cable Communications, LLC v. Promptu Systems Corp., (3) HZNP Finance Ltd. v. Actavis Laboratories UT, Inc., and (4) Martin v. Department of Homeland Security.
• Both the United States in Campbell v. United States and Ericsson, Inc. in TCL Communication Technology Holdings Limited v. Telefonaktiebolaget LM Ericsson submitted briefs in opposition to petitions.
• Two replies were submitted to the Court, the first by Andrea Lea in Lea v. United States and the second by Jake LaTurner in LaTurner v. United States.
• Five amicus briefs were filed in three cases: (1) United States v. Arthrex, Inc., (2) Arthrex, Inc. v. Smith & Nephew, Inc., and (3) Polaris Innovations Ltd. v. Kingston Technology Co.

Here are the details.

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights an article about the Supreme Court’s rejection of Apple’s petition for certiorari in one of its cases against VirnetX, a comment on the Federal Circuit’s treatment of “consisting essentially of” language in patent claims, and an article discussing the Federal Circuit’s rejection of an en banc petition in a case vacated in light of Arthrex.

This morning the Federal Circuit issued one precedential order denying en banc rehearing in a patent case, as well as one nonprecedential opinion in another patent case. Both included dissents. Here is the text of the order and the introduction to the opinion along with language from the dissents.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include two new petitions raising questions related to waiver of the prevailing arguments made in Arthrex, Inc. v. Smith & Nephew, Inc., non-obviousness, and argument-type prosecution history estoppel, two letters filed by the government in response to arguments related to Arthrex, Inc. v. Smith & Nephew, Inc., two amicus briefs in Arthrex, Inc. v. Smith & Nephew, Inc. itself, and the denial of four petitions. We have the details.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include two new petitions (on whether Arthrex should be applied to cases pending on appeal at the time it was decided, and whether the PTAB must consider arguments not made or adopted by examiners), an amicus brief, and three denials of petitions. Here are the details.