This morning, the Federal Circuit issued one precedential opinion in a trademark case. The court also issued five nonprecedential opinions: one in an appeal from the Merit Systems Protection Board, two in patent cases, and two in veterans cases. Finally, the court issued four Rule 36 judgments. Here are the introductions to the opinions and links to the Rule 36 judgments.
Recent En Banc Activity
Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include new petitions in two cases raising questions related to the presumption of validity, motions for attorneys fees, and the propriety of Rule 36 judgments in cases appealed from the U.S. Patent and Trademark Office; a new response to a petition raising a question related to patent eligibility; a new amicus brief in a case raising questions related to venue and Hatch-Waxman; and the denial of a petition in a pro se case. Here are the details.
Opinions & Orders – December 16, 2020
This morning, the Federal Circuit issued a nonprecedential opinion in a patent case and a Rule 36 judgment in a patent case. Here is the introduction to the opinion and a link to the Rule 36 judgment.
Recent Supreme Court Activity
This post summarizes recent activity at the Supreme Court in cases decided by the Federal Circuit.
- The Supreme Court received three new petitions for writ of certiorari in (1) InfoBionic, Inc. v. Cardionet, LLC, (2) Lone Star Silicon Innovations, LLC v. Iancu, and (3) Kinghorn v. United States.
- Two new responses to petitions were filed with the Court, the first by the Alfred E. Mann Foundation in Cochlear Corp. v. Alfred E. Mann Foundation for Scientific Research, and the second by the government in ThermoLife International LLC v. Iancu.
- One new reply to the petition in Rovi Guides, Inc. v. Comcast Cable Communications, LLC was filed with the Court by Rovi.
- Three amicus briefs were filed in Idenix Pharmaceuticals LLC v. Gilead Sciences, Inc., all in support of Idenix.
- Lastly, the Supreme Court denied the petitions for writ of certiorari in three cases: (1) IYM Technologies LLC v. RPX Corp., (2) Duke University v. Biomarin Pharmaceutical Inc., and (3) Whitserve LLC v. Donuts Inc.
Here are the details.
Opinions & Orders – November 17, 2020
This morning, the Federal Circuit issued one precedential opinion in a patent case and one nonprecedential opinion in a patent case. Additionally, the court issued one Rule 36 judgment. Here are the introductions to the opinions and a link to the Rule 36 judgment.
Opinions & Orders – November 6, 2020
This morning, the Federal Circuit issued three nonprecedential opinions in a case appealed from the Merit Systems Protection Board, a trade case, and a veterans case. The court also issued a nonprecedential erratum and two Rule 36 judgments. Here are the introductions to the opinions, the text of the erratum, and links to the Rule 36 judgments.
Opinions & Orders – October 9, 2020
This morning, the Federal Circuit issued one nonprecedential erratum and two nonprecedential Rule 36 judgments. Here is the text of the erratum and links to the Rule 36 judgments.
Recent Supreme Court Activity
This post summarizes recent activity at the Supreme Court in cases decided by the Federal Circuit.
- The Court received three new petitions this week: (1) Mantissa Corp. v. Ondot Systems, Inc., (2) Rovi Guides, Inc. v. Comcast Cable Communications, LLC, and (3) IYM Technologies LLC v. RPX Corp.
- Three briefs in opposition to petitions were filed with the Court, the first by Actavis in HZNP Finance Ltd. v. Actavis Laboratories UT, Inc., the second by CBS in Personal Audio, LLC v. CBS Corp., and the third by Biomarin in Duke University v. Biomarin Pharmaceutical Inc.
- Lastly, the Supreme Court denied a total of 19 different petitions this week.
Here are the details.
Recent News on the Federal Circuit
- Dana-Farber Tells Fed. Circ. Not To Revisit Inventorship Ruling – In July, a panel decision sided with the Dana-Farber Cancer Institute and ruled that work by co-inventors performed independently constituted joint inventorship. Dana-Farber now urges the full Federal Circuit not to reconsider the panel’s decision.
- Citing ‘clear’ error, Fed Circuit moves HP patent case out of East Texas – The U.S. Court of Appeals for the Federal Circuit ordered a Texas federal court to transfer a patent case from the Eastern District of Texas to Northern California.
- A Conversation with USPTO Director Andrei Iancu on the Patent System and the Innovation Economy – Andrei Iancu recently talked with Adam Mossoff, the chair of the Forum for Intellectual Property at the Hudson Institute.
Here’s the latest.
Recent Supreme Court Activity
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 in (1) Vilox Technologies, LLC v. Iancu, (2) Comcast Cable Communications, LLC v. Rovi Guides, Inc., and (3) Drevaleva v. United States.
- One new brief in opposition was filed with the Court by Taser in Phazzer Electronics, Inc. v. Taser International, Inc.
- One new reply brief was filed with the Court by Sanofi-Aventis in Sanofi-Aventis Deutschland GMBH v. Mylan Pharmaceuticals Inc.
- Lastly, one waiver of right to respond to the petition in Customedia Technologies, LLC v. Dish Network Corp. was filed with the Court by Dish Network.
Here are the details.