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 since our last update. With respect to petitions, one new petition was filed with the Court in a patent case raising a question related to inter partes review estoppel; a brief in opposition was submitted in another patent case raising a question related to patent eligibility; the government waived its right to respond to a petition filed in a pro se case; and two reply briefs were submitted in patent cases addressing so-called “skinny labelling” and the written description requirement. Here are the details.

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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 since our last update. With respect to petitions, a brief in opposition and a reply brief were submitted in two patent cases raising questions related to patent law’s written description requirement. The government also waived its right to respond to a petition filed in a tax case. Here are the details.

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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:

  • an article addressing how the Federal Circuit recently ruled that “[a]rtificially intelligent machines cannot be named inventors on patents”;
  • a blog post similarly discussing that, “for the purposes of patent law, an inventor must be human”; and
  • another article arguing that a Federal Circuit holding addressing patent law’s written description requirement, if allowed to stand, “threatens to remove the patent system’s incentives to innovation.” 
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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 regard to granted cases, the Secretary of Veterans Affairs filed its merits brief in Arellano v. McDonough. With respect to petitions, four new petitions were filed with the Court, one in a patent case, one in a case addressing the jurisdiction of the Federal Circuit, and two in pro se cases; seven amicus briefs were filed in support of the petitions in two patent cases addressing the written description requirement; and the Court dismissed a petition in another pro se case. Here are the details.

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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:

  • an article discussing the top patent cases to watch in the second half of 2022;
  • another article highlighting how a petition for a writ of certiorari claimed that a Federal Circuit decision “would upend the legal rules governing the modern prescription-drug marketplace”; and
  • a third article urging that the question of whether artificial intelligence can be an inventor under patent law “is one for Congress, not the courts, to address.”
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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 examining how “opinions in regular [Federal Circuit] appeals are more than twice as likely to be precedential than orders” on petitions for mandamus related to venue;
  • an article discussing how “the Federal Circuit over the past decade has adopted more stringent standards for meeting the [Patent Act’s] dictates that patents provide a clear written description, and enable others to understand the invention”; and
  • another article discussing how, after the Supreme Court’s recent denial of certiorari in American Axle & Manufacturing, Inc. v. Neapco Holdings LLC, “[p]atent eligibility in America is a train wreck.”
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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 Court set a date for oral argument in Arellano v. McDonough, a veterans case raising questions about equitable tolling of a veterans benefits filing deadline. With respect to petition cases, two new petitions were filed in patent cases; a waiver of right to respond was filed in a veterans case; three amicus briefs were filed in another veterans case; and the Court denied two petitions, one in a patent case and one in a federal employment 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 at the Federal Circuit in patent cases. Since our last update the court denied a petition that raised a question related to the written description requirement. That’s it. 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 at the Federal Circuit in patent cases. The court received a new petition raising questions related to the written description requirement. The court also received a new response to a different petition also raising a question related to the written description requirement. In addition, the court denied a petition for hearing en banc raising a question related to the Federal Circuit’s jurisdiction to hear appeals from denials of petitions for inter partes review. 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 at the Federal Circuit in patent cases. The court received a new petition raising questions related to the proper interpretation of a forum selection clause and whether it impacts inter partes review. The court also invited a response and received three new amicus briefs in a case that raised a question related to the written description requirement. Finally, the court denied three petitions raising questions relating to the Patent Trial and Appeal Board’s analysis of the non-obviousness requirement, inter partes review estoppel, and the Federal Circuit’s reversal of a judgment in an inter partes review proceeding based on a teaching away finding. Here are the details.

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