FedCircuitBlog

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Two new petitions have been filed. One raises questions related the substantial evidence standard for review of decisions of the Patent Trial and Appeal Board and the test for analogous art. The other raises a question related to after-arising technologies and the written description and enablement requirements. In addition, a response has been filed to a petition raising a question related to what patents must be listed in the Orange Book, along with three new amicus briefs supporting the petition in that same 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:

• an article predicting that Howard Lutnick will “soon be confirmed by the Senate to be the next Secretary of Commerce”;
• a piece discussing how several companies filed an amicus brief challenging jury instructions in a Texas case, telling the Federal Circuit the instructions “‘lower the standard for patent eligibility’”;
• a blog post analyzing how the Federal Circuit “has reversed a controversial . . . decision that had invalidated composition of matter claims as abstract ideas”; and
• a report covering how “MSN Laboratories Pvt. Ltd. urged the Federal Circuit to reconsider a three-judge panel’s January ruling that revived a patent for Novartis AG’s blockbuster heart-disease drug Entresto.”

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Petitioners filed three new petitions, one presenting a question regarding waiver of alternative grounds for affirmance, one presenting a question regarding the burden of proving non-enablement in an inter partes review proceeding, and one presenting a question regarding injunctive relief pending a mandate. Additionally, the Federal Circuit issued an invitation for a response to a petition raising a question regarding the listing of patents in the Orange Book. Finally, a response was filed to the petition raising a question regarding injunctive relief pending a mandate. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit. An opening brief was filed in a pending en banc case concerning standing to allege a violation of a statute or regulation in connection with the procurement of a government contract. Three new amicus briefs have also been filed in the other pending en banc case regarding a district court’s responsibility to scrutinize a patentee’s reliance on supposedly comparable licenses. Additionally, a new petition was filed in a Hatch-Waxman case raising a question regarding listing of patents in the Orange Book. Finally, the court denied an en banc petition raising a question concerning the lifting of an administrative injunction. Here are the highlights.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. A response brief was filed in a pending en banc case concerning a district court’s responsibility to scrutinize a patentee’s reliance on supposedly comparable licenses. Petitioners also filed two new petitions, one seeking an emergency injunction and one presenting a question regarding vicarious liability for direct infringement. Here are the highlights.

This morning the Federal Circuit released one precedential opinion, two nonprecedential opinions, and four nonprecedential orders. The precedential opinion comes in a patent case appealed from the District of Delaware. The nonprecedential opinions come in two pro se cases, one of which is a patent case. Of the nonprecedential orders, one summarily affirms a judgment of the Court of Federal Claims, which dismissed a complaint; one transfer a case; and two dismiss appeals. Here are the introductions to the opinions and links to the orders.

Late yesterday, the Federal Circuit released a nonprecedential order dismissing an appeal. This morning, in turn, the court released five nonprecedential opinions, four in patent cases and one in a case appealed from the Merit Systems Protection Board. The court also released three nonprecedential orders granting summary affirmances under Rule 36 and another nonprecedential order dismissing an appeal. Here are the introductions to the opinions and links to the summary affirmances and dismissals.

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.