Featured / 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. With respect to granted cases, the Supreme Court issued an opinion in Bufkin v. Collins, a veterans case. Additionally, an opening merits brief and three amicus briefs in support of the petitioner were submitted in Soto v. United States, another veterans case. With respect to petitions, one new petition was filed in a patent case, and two new petitions were filed in pro se cases; a brief in opposition was filed in a patent case; two replies in support of petitions were filed in a patent case and a case related to Federal Circuit Rule 36; and two amicus briefs were filed in a patent case. In addition, the Court denied petitions in a patent case, a trade case, and a pro se case. Here are the details.

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Featured / 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:

  • a blog post arguing that in a recent case “the Federal Circuit was wrong in affirming the district court’s refusal to enhance damages”;
  • a piece likening the current U.S. patent system to the Titanic, asserting it is “fast approaching an iceberg with disaster imminent”;
  • a report explaining how the Supreme Court recently “declined to hear a patent owner’s challenge of the court’s framework for analyzing potentially abstract ideas not eligible for patent protection”; and
  • an article reporting how the Federal Circuit “has refused to revisit its decision forcing Teva Pharmaceuticals to delist certain inhaler patents from the US Food and Drug Administration’s (FDA) Orange Book.”
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Featured / 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. With respect to granted cases, there is no new activity to report. With respect to petitions, new petitions were filed in two patent cases. The court also received a waiver of the right to respond to one of the petitions in those patent cases, a brief in opposition to a petition in another patent case, and three new amicus briefs in support of the petitioner in yet another patent case. Here are the details.

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En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity in patent cases at the Federal Circuit. Highlights include two new petitions raising questions concerning public disclosures under 35 U.S.C. § 102 and issue preclusion. The court also denied two petitions. One raised a question related to the relationship of claim construction and unpatentability arguments in inter partes review proceedings. The other raised questions related to means-plus-function claims and patent eligibility. 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 filed in cases raising questions about means-plus-function claims, patent eligibility, and attorneys’ fees. The court also denied a petition for en banc rehearing in a patent case raising questions about damages, Federal Rule of Civil Procedure 60(b), and procedure. Here are the details.

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Opinions

Opinions & Orders – July 3, 2024

This morning the Federal Circuit released two nonprecedential opinions and one nonprecedential order. The first opinion affirms a judgment of a district court in a patent infringement case. The second affirms another judgment of a district court in another patent infringement case. The order is a dismissal. Here are the introductions to the opinions and a link to the order.

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