As we previously reported, yesterday the Federal Circuit issued a modified panel opinion in Illumina, Inc. v. Ariosa Diagnostics, Inc., a patent case we have been tracking because Ariosa Diagnostics filed a petition for rehearing en banc. In the modified panel opinion, Judges Lourie and Moore maintained their original position, reversing the district court, which had held that the claims at issue were not directed to patent-eligible subject matter. While the modified panel opinion did not change the holding of the court, it did more explicitly lay out the facts of the case that affected the court’s reasoning. Judge Reyna still dissented, but also issued a modified opinion. Here is a summary of the modified opinions.
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. With respect to petition cases, three new petitions were filed raising issues related to patent and trade law; four patent cases saw amicus briefs filed; and the Court denied a petition in a patent case. Read on for the details.
Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. There is no news to report on granted cases. Five new petitions, however, were filed. The Supreme Court also denied one petition, Harris v. United States, this week. Here are the details.
Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include two new petitions, three new responses to petitions, one request from the Federal Circuit for a response, and one denial of a petition. As a reminder, pending and recently-decided petitions and related documents may be found on our En Banc Petitions page.