This morning, the Federal Circuit issued three nonprecedential opinions in a case appealed from the Merit Systems Protection Board, a trade case, and a veterans case. The court also issued a nonprecedential erratum and two Rule 36 judgments.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 – November 5, 2020
This morning, the Federal Circuit issued one precedential opinion in a patent case and one nonprecedential opinion in a trademark case. The Federal Circuit also issued one Rule 36 judgment. Here are the introductions to the opinions 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 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 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.
Recent Supreme Court Activity
This post summarizes recent activity at the Supreme Court in cases decided by the Federal Circuit.
- The Supreme Court received two new petitions this week in Michelson v. Department of the Army and Sanders v. United States.
- Mylan submitted its brief in opposition to the Court in Sanofi-Aventis Deutschland GMBH v. Mylan Pharmaceuticals Inc..
- Finally, one waiver of right to respond was filed with the Court in Martin v. Department of Homeland Security by the Department of Homeland Security.
Here are the details.
Update on Important Panel Activity
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 five dispositions, three cases with new briefing, one recent oral argument, and two upcoming oral arguments.
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 summarizing a recent decision in a pharmaceutical case, commentary on a recent opinion addressing a bid challenge, and news concerning FanDuel’s challenge to a patent claiming a remote gambling system.
Opinion Summary – Takeda Pharmaceuticals U.S.A v. Mylan Pharmaceuticals Inc.
Last Friday, the Federal Circuit filed opinions in two related cases that attracted amicus briefs, Takeda Pharmaceuticals U.S.A. v. Mylan Pharmaceuticals Inc. and Takeda Pharmaceuticals U.S.A. v. Alkem Laboratories Limited. In both cases, Judges Prost and Hughes affirmed the district court’s decision denying Takeda’s request for a preliminary injunction. Judge Newman dissented in both cases. Here is a summary of the opinions.
Opinions & Orders – July 31, 2020
This morning the Federal Circuit issued seven precedential opinions and orders in patent cases, along with one related nonprecedential opinion. These include the opinions and orders in the closely watched case of American Axle & Manufacturing v. NEAPCO Holdings LLC, which concerns the application of patent eligibility law. Notably, in that case the court vacated the prior panel opinion, issued a new panel opinion, and denied en banc rehearing by an evenly divided court. Here are the introductions to today’s opinions and text from today’s orders.
Recent News on the Federal Circuit
- GI Bill Ruling Won’t Come in Time for Fall Classes – Veteran students deprived of GI Bill benefits needed for the Fall semester while waiting for Federal Circuit input.
- Prior Work Can Lead to Joint Inventorship – Work by co-inventors performed independently and publicly disclosed prior to the conception of the claimed invention can constitute joint inventorship.
- Federal Circuit Won’t Revisit Relistor Ruling – Valeant failed to persuade the Federal Circuit to revisit their obviousness decision in Valeant Pharmaceuticals Intl. v. Mylan Pharmaceuticals Inc.
Here’s the latest.