FedCircuitBlog

Guest Post by Blair E. Thompson

In 2020, the Federal Circuit addressed important questions regarding “pro-claimant” policies and rules governing the Department of Veterans Affairs. The court also approved VA’s interpretation of its regulation regarding discharges due to “willful and persistent misconduct” and paved the way for challenges to VA’s internal adjudication policies and procedures manual.

• Patent Appeal Lessons From Fed. Circ. Remote En Banc Args – The U.S. Court of Appeals for the Federal Circuit has sat remotely en banc for only two cases in the past year, both of which have been veterans cases, but their oral arguments can provide insight to all practitioners.
• Novartis Patent on MS Drug Gilenya Evades Supreme Court Scrutiny – The Supreme Court will not explore the debate over whether being in regular competition is enough to challenge a PTAB ruling on a rival’s patent without having been sued for infringement.  
• Fourth Circuit Finds ‘Pretzel Crisps’ Plaintiffs are Not Bound to Federal Circuit Across Appeals from Distinct TTAB Decisions – The Fourth Circuit joins the Seventh and Ninth Circuits in considering the reach of the Lanham Act’s permission to seek review of a TTAB decision at either the CAFC or in federal district court.

Here’s the latest.

Here is an update on recent en banc activity at the Federal Circuit. In NOVA v. Secretary of Veterans Affairs, a veterans case in which the en banc court will consider the court’s jurisdiction to review interpretive rules the Department of Veterans Affairs promulgates in its Adjudication Procedures Manual, three new amicus briefs were filed. Other highlights include new petitions in two patent cases raising questions related to venue and claim preclusion; a new response to a petition in another patent case raising questions related to jurisdiction; an invitation to respond to a petition raising questions related to patent eligibility; and the denial of a petition raising questions related to obviousness. Here are the details.