FedCircuitBlog

Here is an update on recent en banc activity at the Federal Circuit. Highlights include a petition filed in a pro se case; a new response to a petition raising questions related to injunctions; and the denial of four petitions raising questions related to standing, obviousness, and assignor estoppel. Here are the details.

This post summarizes recent activity at the Supreme Court in cases decided by the Federal Circuit.

• The following five new petitions were submitted to the Court: (1) Primbas, et al. v. Iancu, (2) Polaris Innovations Ltd. v. Kingston Technology Co., Inc., et al., (3) Arthrex, Inc. v. Smith & Nephew, Inc., et al., (4) Smith & Nephew, Inc., et al. v. Arthrex, Inc., et al., and (5) Sanofi-Aventis Deutschland GMBH v. Mylan Pharmaceuticals Inc.
• Also, in Willowood, LLC v. Syngenta Crop Protection, LLC, Willowood, LLC submitted its reply to Syngenta’s brief in opposition. Willowood claims Syngenta’s brief avoids the key issues raised in the petition.
• Lastly, the Supreme Court received two waivers of right to respond for the petitions of Lakshmi Arunachalam v. Presidio Bank and Richard Polidi v. Michelle K. Lee, et al.

Here are the details.

Here is an update on recent en banc activity at the Federal Circuit. Highlights include new petitions filed in two cases raising questions related to obviousness; responses to petitions in two cases raising questions related to inequitable conduct, obviousness, and assignor estoppel; an invitation for a response to a petition raising questions related to standing; and the denial of four petitions raising questions related to claim construction and the Appointments Clause. Here are the details.

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 patent cases in the “Other Cases” section of our blog. Today, with respect to these cases we highlight one disposition, one new case, two recent oral arguments, and one upcoming oral argument.

This month the Federal Circuit heard oral argument 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 these cases, the court confronted breach of contract and patent infringement claims against two different alleged infringers–Mylan and Alkem. As we noted in our argument preview, Takeda argues that Section 1.2(d) of license agreements with the accused infringers does not allow for the production of generic versions of Takeda’s patented product at this time. Mylan and Alkem, along with the district court, disagree. The Federal Circuit consolidated the cases for argument purposes only, and the parties presented their arguments to a panel including Chief Judge Prost and Judges Newman and Hughes. This is our argument recap.

This week and next Monday the Federal Circuit will convene 14 panels to consider about 67 cases. This month, like last month, the court will hear all of its oral arguments telephonically given the coronavirus pandemic. Moreover, the court will hear fewer oral arguments than normal, with only about 35 cases being argued this month. Of the argued cases, only two related cases attracted amicus briefs.

Two cases that attracted amicus briefs are being argued on Monday, June 8. The cases are related. Takeda Pharmaceuticals U.S.A brought separate breach of contract and patent infringement claims against two different alleged infringers, Mylan Pharmaceuticals Inc. and Alkem Laboratories Limited. In both cases, Takeda appeals the district court’s denial of its motions for preliminary injunctions. Takeda argues that license agreements between Takeda and the accused infringers do not allow for the production of generic versions of Takeda’s patented product at this time. Here is our argument preview.

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 patent cases in the “Other Cases” section of our blog. Today, with respect to these cases we highlight two dispositions, one new case, three recent oral arguments, and two upcoming oral arguments.

This morning the Federal Circuit issued three precedential opinions in patent cases, one precedential opinion in a trademark case, and one precedential opinion in a Merit Systems Protection Board case. The Federal Circuit also issued three nonprecedential opinions in patent cases, two nonprecedential opinions in Merit System Protection Board cases, and one Rule 36 judgment. Here are the introductions to the opinions and the Rule 36 judgment.

About once a month we provide an update on activity in patent cases pending before panels of the Federal Circuit where the cases involve at least one amicus brief. We keep track of these patent cases in the “Other Cases” section of our blog. There we also highlight non-patent cases that attract amicus briefs, but only once those cases have been scheduled for oral argument. Today, with respect to these cases we highlight three dispositions, four recent oral arguments, and one upcoming oral argument.