FedCircuitBlog

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, there is no new activity to report since our last update. With respect to petitions, one new petition was filed with the Court in a patent case, and the government filed a brief in opposition in a veterans case. Here are the details. 

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

• a blog post indicating the Second Circuit signaled agreement with Eighth and Third Circuits with regard to the Federal Circuit’s jurisdiction;
• an article about “[t]he Federal Circuit rescu[ing] two patents that a lower court canceled in an inventor’s infringement lawsuit against Google LLC”; and
• another article about the Supreme Court “lift[ing] a stay blocking Gilenya generics from launching in the U.S.”

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Next week the court will hear oral argument in one of the two pending en banc cases. As for petitions for en banc review, the court received a new petition filed by a pro se party, and the court denied two petitions raising questions related to the critical date of prior art and the written description requirement, respectively. Here are the details.

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

• an article about a path to “clarity on patent subject matter eligibility in the wake of the Supreme Court’s refusal to take up the issue”;
• an article about a challenge at the Supreme Court to a Federal Circuit panel’s decision to grant panel rehearing and issue a new decision reaching an opposite conclusion based solely on the retirement of Judge O’Malley; and
• an article about the Federal Circuit’s recent finding that the “U.S. Department of Veterans Affairs guidance excluding vets with partial knee replacements from evaluation for 100% disability benefits was arbitrary and capricious.”

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received a new petition raising questions related to the critical date of prior art. The court also received a response to a petition raising questions related to the written description requirement. Finally, the court denied a petition in a case raising questions related to obviousness-based inherency of claim limitations. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court invited a response to a petition raising a question related to the written description requirement. The court also received two amicus briefs supporting rehearing in the same case. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit. In a pending en banc veterans case, the government filed its en banc reply brief. The court also received a new petition in a case raising a question related to the written description requirement. Here are the details.

Last week, we reported that the Federal Circuit issued a relatively rare opinion granting panel rehearing in a patent case, Novartis Pharmaceuticals v. Accord Healthcare Inc. In the original, now-vacated opinion, a panel comprised of Judges O’Malley and Linn, with Chief Judge Moore dissenting, indicated the court would affirm a district court’s judgment that claims are not invalid for inadequate written description. Notably, however, a different panel ruled on the motion for panel rehearing. In particular, with Judge O’Malley’s retirement from the court, Judge Hughes joined the panel. The new panel, and in particular Chief Judge Moore (no longer dissenting) and Judge Hughes, with Judge Linn now dissenting, granted the petition for panel rehearing, vacated the panel’s prior decision, and, in the new opinion, now reverse the district court’s judgment. Perhaps most importantly, the changed outcome reflects a difference of view regarding application of the written description requirement. Here is an update on the case.

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

• an article highlighting how the Supreme Court yesterday denied Apple’s petition for writ of certiorari in Apple Inc. v. Qualcomm Inc.;
• another article discussing how “two cases signal that the Federal Circuit and district courts are moving toward explicitly recognizing that parties to a mandatory arbitration clause can bargain away the right to file for inter partes review at the Patent Trial and Appeal Board”; and
• a blog post addressing how a flip in a recent Federal Circuit decision “appears to be the consequence of a change in panel composition.”

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

• an article discussing how “[a]n unusual Federal Circuit decision has given generic drugmakers a new way to successfully challenge pharmaceutical patents with specific types of claims”;
• another article explaining how “the broader context of [Thaler v. Vidal] can provide strategic guidance for future AI litigation matters”; and
• a third article highlighting how the Federal Circuit recently reversed a “$2.75 [billion] damages award because [the] judge’s wife owned stock.”