FedCircuitBlog

Here is an update on activity in cases pending before panels of the Federal Circuit where the cases involve at least one amicus brief. We keep track of these cases in the “Other Cases” section of our blog. With respect to these cases, since our last update we highlight five new opinions, four in patent cases and one in a government contract case; two new argument recaps, one in a trademark case and one in a trade case; and three new cases, one a design patent case and two utility patent cases. Here are the details.

Earlier this month the Federal Circuit released its opinion in Merck Sharp & Dohme B.V. v. Aurobindo Pharma USA, Inc., a patent case that attracted an amicus brief. The issue on appeal in this case was whether patent term extension for a reissued patent “should be calculated based on the issue date of the original patent or the reissued patent.” The Federal Circuit reviewed a district court determination that the U.S. Patent and Trademark Office correctly calculated a reissued patent term extension based on the patent’s original issue date. In an opinion authored by Judge Dyk and joined by Judges Mayer and Reyna, the Federal Circuit affirmed the lower court’s determination. This is our opinion summary.

Late yesterday, the Federal Circuit released a precedential order sua sponte granting en banc review of an appeal from the Court of Federal Claims. In the order, the Federal Circuit requests new briefing related to the effect of the Supreme Court’s decision in Loper Bright Enterprises v. Raimondo. This morning, the Federal Circuit released four precedential opinions, one nonprecedential opinion, three nonprecedential orders, and an errata. Of the precedential opinions, one comes in a patent case, one comes in a trademark case, one comes in a government contract case, and the other comes in a veterans case. The lone nonprecedential opinion comes in a pro se appeal. Of the nonprecedential orders, one grants a motion to summarily affirm and the other two dismiss appeals. Here are the introductions to the opinions and orders as well as links to the errata and dismissals.

This morning, the Federal Circuit released two precedential opinions, three nonprecedential opinions, one nonprecedential order, two summary affirmances, and one errata. Both precedential opinions come in patent cases. Of the nonprecedential opinions, two come in patent cases and the other comes in a government contract case. The lone nonprecedential order dismisses an appeal. Here are the introductions to the opinions and links to the summary affirmances, order, and errata.

Here is this month’s update on activity in cases pending before panels of the Federal Circuit where the cases involve at least one amicus brief. We keep track of these cases in the “Other Cases” section of our blog. Today, with respect to these cases we highlight an opinion in a patent case reviewing determinations by the International Trade Commission of patent ineligibility and no lack of enablement; three oral argument recaps in a patent case concerning patent term extension reissued patents, a case appealed from the Merit Systems Protection Board, and a government contract case; and a new patent case appealed from the Patent Trial and Appeal Board. Here are the details.

Last week, the Federal Circuit heard oral argument in Merck Sharp & Dohme B.V. v. Aurobindo Pharma USA, Inc., a patent case. In it, the Federal Circuit is reviewing a district court’s determination that, when calculating a patent term extension for a reissued patent, the U.S. Patent and Trademark Office is statutorily required to base its calculation on the original patent’s issue date and not its reissue date. Judges Dyk, Mayer, and Reyna heard the oral argument. This is our argument recap.

This week is Court Week at the Federal Circuit. The court will convene 15 panels to consider 71 cases. Of the 71 cases, the court will hear oral argument in 56 cases. The Federal Circuit provides access to live audio of these arguments via the Federal Circuit’s YouTube channel. This month, three cases scheduled for oral argument attracted amicus briefs. Here’s what you need to know about these three cases.

As we highlighted yesterday, three cases being argued next month at the Federal Circuit attracted amicus briefs. One of these cases is Merck Sharp & Dohme B.V. v. Aurobindo Pharma USA, Inc., a patent case. In it, the Federal Circuit will review a district court’s determination that, when calculating a patent term extension for a reissued patent, the U.S. Patent and Trademark Office is statutorily required to base its calculation on the original patent’s issue date and not its reissue date. This is our argument preview.

Here is an update on activity in cases pending before panels of the Federal Circuit where the cases involve at least one amicus brief. We keep track of these cases in the “Other Cases” section of our blog. Today with respect to these cases we highlight three opinions in cases that attracted amicus briefs: an Equal Pay Act case, a vaccine case, and a veterans case. Additionally, we highlight two new patent cases, new briefing in two patent cases, and oral arguments in nine cases last and this month. Here are the details.

Here is an update on activity in cases pending before panels of the Federal Circuit where the cases involve at least one amicus brief. We keep track of these cases in the “Other Cases” section of our blog. Today with respect to these cases we highlight four new cases that attracted amicus briefs: three patent cases and a case concerning the jurisdiction of the Merit System Protection Board. Additionally, we identified a new amicus brief filed in a patent case and highlight recent oral arguments in another patent case. Here are the details.