FedCircuitBlog

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, the Supreme Court issued its opinion yesterday in Amgen Inc. v. Sanofi, Aventisub LLC, a patent case addressing the enablement requirement. With respect to petitions, five new petitions were filed, one in a trade case, one in an employment case, and three in pro se cases. Three briefs in opposition were filed, two in veterans cases and one in a patent case. Two waivers of the right to respond were filed in the same patent case. And, finally, four petitions were denied, three in patent cases and in one pro se 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, there is no new activity to report since our last update. With respect to petitions, most notably the Solicitor General filed an amicus brief expressing the view of the United States that the Court should grant review in two patent cases. No new petitions were filed, but the government waived its right to respond to two petitions and a party filed a supplemental brief in response to the Solicitor General’s amicus brief recommending the Court grant review in a patent case raising a question about so-called skinny labelling. 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, the Supreme Court heard arguments this week in Arellano v. McDonough, a veterans case. With respect to petitions, two new petitions were filed with the Court in a patent case and a pro se case; the government waived its right to respond to a petition filed in a pro se case; the Court invited the Solicitor General to file briefs expressing the views of the United States in two patent cases related to so-called skinny labelling and eligibility, respectively; a supplemental brief was filed in a patent case raising questions related to patent law’s enablement requirement; a reply brief was submitted in a veterans case addressing the standard of proof governing rejection of disability claims; and, finally, the Court denied more than 20 petitions. 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 examining “[w]ho appeals (and wins) patent cases”;
• an article discussing how the Federal Circuit recently ruled that “[e]rrors don’t have to be immediately found in patents” to later render the patent invalid as obvious; and
• another article highlighting how a petitioner in a patent eligibility case “filed a reply brief . . . distancing its petition from that of American Axle & Manufacturing, Inc.’s, which was denied certiorari on June 30.”

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 petition cases, four new petitions were filed with the Court in two patent cases, a takings case, and a pro se case; reply briefs in support of petitions were submitted in a patent case and a case involving application of the Equal Access to Justice Act; and an amicus brief was filed in a patent case. Here are the details.

This morning, the Supreme Court denied the petition for certiorari in American Axle & Manufacturing, Inc. v. Neapco Holdings LLC, an important patent eligibility case decided by the Federal Circuit in 2019. In this case, the petitioner requested the Supreme Court grant review to reconsider the appropriate standard for determining patent eligibility and to determine whether eligibility is a question of law or fact. The Solicitor General previously recommended the Court grant review to reconsider the first question presented, addressing the appropriate standard for determining eligibility. But today the Court denied the petition.

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 petition cases, six waivers of right to respond were submitted; two briefs in opposition were filed, one in an Equal Access to Justice Act case and one in a patent case; and the Court denied certiorari in three cases, two in patent cases and one in an employment 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, since our last update there is no new activity to report. With respect to petitions, three new petitions have been filed: one in a patent case, one filed by a pro se petitioner in a veterans case, and one by another pro se petitioner in an employment case. Additionally, an amicus brief in support of a petition was filed in a patent case raising questions concerning patent eligibility; a brief in opposition was filed in another patent eligibility case; a waiver of a right to respond was filed in a patent case concerning standing; and a petitioner filed a reply in a case raising a question about the Chevron doctrine’s applicability in veterans cases. Finally, the Court denied three petitions: two in takings cases and one 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, the Supreme Court heard arguments this week in George v. McDonough, a case addressing veterans law. While no new petitions have been filed, the Court invited the Solicitor General to file a brief expressing the views of the United States in a case concerning patent law’s enablement requirement. Additionally, two waivers of right to respond and a reply brief were filed in other patent cases. Moreover, two amicus briefs were submitted this past week: one in a patent case raising questions related to enhanced damages and one in a veterans case involving the Equal Access to Justice Act. Finally, the Court denied certiorari in two cases brought by pro se petitioners. 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, since our last update there is no new activity to report. With respect to petitions, three new petitions have been filed: one in an Equal Access to Justice Act case and two in patent cases raising questions related to eligibility and enhanced damages; members of Congress filed an amicus brief in an employment law case that involves interpretation of the Reservists Pay Security Act; the government submitted a brief in opposition in a case concerning the Tucker Act and another brief in opposition was filed in a patent case addressing the non-obviousness requirement; the government waived its right to respond in a pro se case; and the Court denied review in four cases. Here are the details.