FedCircuitBlog

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:

• an article discussing a “bill introduced Tuesday by Sen. Thom Tillis, R-N.C., aimed at setting more precise rules on which inventions are eligible for patents”;
• another article explaining how the bill “clearly is intended to overrule” the Supreme Court’s recent cases addressing patent eligibility;
• a blog post addressing how “the PTO [will] be revisiting the test for patent subject matter eligibility”; and
• an article discussing a case before the Federal Circuit that involves “a shoemaking process with major implications for both the industry and patent law.”

Guest Post by Kristen Osenga

In any given year, the Federal Circuit covers a wide spectrum of issues in patent law, and 2020 was no different. Of course, a lot about 2020 was different — including seeing the Court hold (and now livestream) telephonic arguments — but most of the patent cases decided were similar in type to other years . . . a little patent-eligible subject matter, a little jurisdiction and venue, a case about infringement of standard essential patents, and a bit of deciding what the Patent Trial and Appeal Board can and cannot do. There were no real blockbuster cases in 2020 (other than maybe the Arthrex denial of rehearing, more on that later). This could be due to the pandemic, or maybe it is a sign that patent law is settling in for a bit. Of course, that does not mean the law has settled in the right place, but that is a different issue for a different day.

For today, a few cases are worth highlighting from the Federal Circuit’s 2020 patent opinions. To be clear, this is not an exhaustive review, but rather simply a short selection noting some of the more important patent cases decided last year.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit.

• The Court received new reply briefs in two cases that have been granted certiorari: (1) Minerva Surgical, Inc. v. Hologic, Inc. and (2) United States v. Arthrex, Inc.
• The Court received five new petitions for writ of certiorari.
• One new response brief was filed with the Court in Argentum Pharmaceuticals LLC v. Novartis Pharmaceuticals Corporation.
• One new amicus brief was filed by a non-profit advocacy organization, US Inventor, Inc., in the new case Amarin Pharma, Inc. v. Hikma Pharmaceuticals USA Inc.
• Hikma filed a waiver of its right to respond to the petition in Amarin Pharma, Inc. v. Hikma Pharmaceuticals USA Inc.
• Lastly, the Court denied the petitions for writ of certiorari in six cases.

Here are the details.

This morning, the Federal Circuit issued a precedential opinion in a patent case and a precedential opinion in a case appealed from the Court of Federal Claims. The Federal Circuit also issued nonprecedential opinions in two patent cases, a case appealed from the Merit Systems Protection Board, and another case appealed from the Court of Federal Claims. Additionally, the Federal Circuit issued a nonprecedential errata. Here are the introductions to the opinions and the text of the errata.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit.

• Two response and reply briefs were filed with the Court by the United States and by Smith & Nephew in a case that has been granted certiorari, United States v. Arthrex, Inc.
• Two amicus briefs were filed with the Court: the first by the New York Intellectual Property Law Association (NYIPLA) in American Axle & Manufacturing, Inc. v. Neapco Holdings LLC, and the second by a non-profit advocacy organization, US Inventor, Inc., in Akeva L.L.C. v. Nike, Inc.
• One new waiver of right to respond was filed by Iancu in Samaranayake v. Iancu.
• The Supreme Court denied the petition for writ of certiorari in the case of InfoBionic, Inc. v. Cardionet, LLC.

Here are the details.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit.

• Four new waivers of right to respond were filed with the Court.
• The Court denied the petitions for writ of certiorari in three cases.

Here are the details.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit.

• One new amicus brief was filed by the New Civil Liberties Alliance in a case that has been granted certiorari, United States v. Arthrex, Inc.
• The Court granted the petition for certiorari in Minerva Surgical, Inc. v. Hologic, Inc.
• The Court received eight new petitions for writ of certiorari.
• Three new reply briefs were filed with the Court in the following cases: (1) adidas AG v. Nike, Inc., (2) Micron Technology, Inc. v. North Star Innovations, Inc., and (3) InfoBionic, Inc. v. Cardionet, LLC.
• One new amicus brief was filed in Argentum Pharmaceuticals LLC v. Novartis Pharmaceuticals Corporation by Jonathan Stroud
• Three new waivers of right to respond were filed with the Court.
• Lastly, the Court denied the petitions for writ of certiorari in ten cases.

Here are the details.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit.

The Supreme Court received petitions for writ of certiorari in (1) Frederick Demond Wilson v. United States, (2) David O. Keel, v. Robert Wilkie, Secretary of Veterans Affairs, (3) Chris Jaye v. United States, (4) B/E Aerospace, Inc. v. C&D Zodiac, Inc., and (5) adidas AG v. Nike, Inc.

Several amicus briefs were filed in United States v. Arthrex, Inc.

• Fed. Circ. Asked To Keep Movie Theater IP Suit In Texas – Arguing that the case should stay in Texas, Intertrust Technologies Corp. asks the Federal Circuit to reject a petition from Regal Cinemas, AMC, and Cinemark to transfer the lawsuit to California.
• Nike Golf Club Patent Dispute Do-Over Weighed by Fed. Cir. Panel – Saso Golf, Inc. urges a Federal Circuit panel to send its patent infringement case back down to the lower court and assign the case to a new a judge, even though the original suit was filed twelve years ago.
• Fed. Circ. Affirms Chevron Loss In PTAB Interference – A split Federal Circuit found that the Patent Trial and Appeal Board correctly construed a key term to find that the University of Wyoming Research Corporation was entitled to a patent involving a method for analyzing crude oil in an interference proceeding against Chevron.

Here’s the latest.

• Federal Circuit Affirms District Court’s Eligibility Analysis – In Packet Intelligence, LLC v. Netscout Systems, Inc., the court held NetScout willfully infringed Packet Intelligence’s patents, rejecting NetScout’s argument that the patents were directed toward an abstract idea.
• Nike and Adidas Escape Patent Claims Over Athletic-Shoe Soles – According to a Federal Circuit decision on July 16, the shoe companies did not infringe Akeva’s wear-reducing patent because the companies’ shoes do not have detachable soles.
• Patent invalidity claim is no cure for ITC’s import ban on grippy mugs – On July 16, the Federal Circuit ruled that a party cannot challenge a general ITC exclusion order barring importation of products for infringing a patent by claiming the patent is invalid.

Here’s the latest.