FedCircuitBlog

Late yesterday, the Federal Circuit released a nonprecedential order voluntarily dismissing an appeal. This morning, the Federal Circuit released one precedential opinion, one nonprecedential opinion, one nonprecedential order, and one Rule 36 judgment. The precedential opinion affirms a district court’s judgment with respect to validity and infringement in a patent case; the nonprecedential opinion affirms a final written decision of the Patent Trial and Appeal Board invalidating all claims of a patent; and today’s order also dismisses an appeal. Here are the introductions to the opinions and links to the dismissals and Rule 36 judgment.

This morning, the Federal Circuit released two nonprecedential orders dismissing appeals. Here are the links to the orders.

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, no new petitions were filed with the Court, but the government waived its right to respond in a pro se case; the Solicitor General filed a brief in opposition in two patent cases and another brief in opposition was filed by a private party in one of the same cases; two amicus brief were filed in another patent case, four amicus briefs were filed in a veterans case, and one amicus brief was filed in another patent case; and the Court denied certiorari in a patent case. Here are the details. 

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, on Monday the Supreme Court will hear oral arguments in a case addressing patent law’s enablement requirement. With respect to petitions, two new petitions were filed with the Court in a patent case and veterans case; a party waived its right to respond in another patent case; and the Court denied a petition in a government contract case. Here are the details. 

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, a reply brief was filed in Amgen Inc. v. Sanofi, Aventisub LLC, a patent case addressing the enablement requirement. With respect to petitions, a new petition was filed with the Court in a veterans case and another in a pro se case; the government waived its right to respond in a pro se case; a brief in opposition was filed in a patent case; and a reply brief was filed in a trade case. Here are the details. 

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. The Court recently granted the motion of the Solicitor General leave to participate in oral argument as amicus curiae in Amgen Inc. v. Sanofi, Aventisub LLC, the pending patent case addressing the enablement patentability requirement. With respect to petitions, two new petitions were filed with the Court, one in a pro se case and another in a Merit Systems Protection Board case; the government filed its brief in opposition in a trade case; one amicus brief was filed in a trademark case and three amicus briefs were filed in a patent case (including, interestingly, an amicus brief on behalf of retired federal appellate judges); and the Court denied six petitions in various patent, veterans, and pro se cases. Here are the details. 

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.”