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. As for granted cases, this week the Court decided Minerva Surgical, Inc. v. Hologic, Inc., in which the Court overturned the Federal Circuit’s approach to the assignor estoppel doctrine. Additionally, three cases were granted, vacated, and remanded based on the decision in United States v. Arthrex, Inc. regarding application of the Appointments Clause to administrative patent judges. As for petition cases:

Here are the details.

  • a reply brief was submitted in support of a petition in a government contract case;
  • the government filed a waiver of right to respond in a patent case;
  • the Court dismissed one petition; and
  • the Court denied five petitions, including four regarding application of the Appointments Clause to administrative patent judges.
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Opinions

Opinions & Orders – May 4, 2021

This morning, the Federal Circuit released a nonprecedential opinion affirming a judgment by the Patent Trial and Appeal Board in an inter partes review proceeding. The court also released a nonprecedential order denying a petition for a writ of mandamus in a patent infringement case in which the parties disputed whether settlement agreements were discoverable or privileged. Finally, the court released a Rule 36 summary affirmance. Here are introductions to the opinions and a link to the summary affirmance.

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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.

Here are the details.

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Petitions / Supreme Court Activity

Recent Supreme Court Activity

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

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. 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.

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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. Highlights include new petitions filed in five cases raising questions related to claim construction, the Appointments Clause, and obviousness; an invitation for a response in one case raising questions related to inequitable conduct and obviousness; the denial of four petitions raising questions related to the Appointments Clause, venue, damages, and claim construction; and the withdrawal of one petition raising questions related to the Administrative Procedure Act. Here are the details.

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