FedCircuitBlog

This morning, the Federal Circuit released a nonprecedential order in a patent case denying a petition for a writ of mandamus seeking to order the Western District of Texas both to rule on a pending motion to transfer and to stay all other proceedings until that motion is resolved. The Federal Circuit also released five Rule 36 judgments. Here is text from the order and links to the Rule 36 judgments.

• Supreme Court Denies Patent Petitions on Arthrex, Eligibility – The U.S. Supreme Court denied petitions for certiorari in two cases coming out of the Federal Circuit: IYM Technologies LLC v. RPX Corporation and Advanced Micro Devices, Inc. and WhitServe LLC v. Donuts Inc.
• Amgen, GSK Urge Justices To Allow Patents On Genus Claims – A trio of amicus briefs filed on Monday urge the Supreme Court to grant Merck’s petition for certiorari and ensure that companies are able to patent genus claims.
• COVID-19 Vaccine Leader Moderna “Not Aware of Any Significant Intellectual Property Impediments” in Development of its Vaccine Despite Mixed Results at PTAB – As global leaders in COVID-19 vaccine development receive promising results from their clinical trials, the focus turns to whether legal intellectual property obstacles may impede vaccine distribution.  

Here’s the latest.

This post summarizes recent activity at the Supreme Court in cases decided by the Federal Circuit.

• The Supreme Court received three new petitions for writ of certiorari in (1) InfoBionic, Inc. v. Cardionet, LLC, (2) Lone Star Silicon Innovations, LLC v. Iancu, and (3) Kinghorn v. United States.
• Two new responses to petitions were filed with the Court, the first by the Alfred E. Mann Foundation in Cochlear Corp. v. Alfred E. Mann Foundation for Scientific Research, and the second by the government in ThermoLife International LLC v. Iancu.
• One new reply to the petition in Rovi Guides, Inc. v. Comcast Cable Communications, LLC was filed with the Court by Rovi.
• Three amicus briefs were filed in Idenix Pharmaceuticals LLC v. Gilead Sciences, Inc., all in support of Idenix.
• Lastly, the Supreme Court denied the petitions for writ of certiorari in three cases: (1) IYM Technologies LLC v. RPX Corp., (2) Duke University v. Biomarin Pharmaceutical Inc., and (3) Whitserve LLC v. Donuts Inc.

Here are the details.

• USPTO Says Interested Party Rulings Aren’t ‘Shenanigans’ – The U.S. Patent and Trademark Office defended against accusations that the agency engaged in “shenanigans” when it did not require Google to be named as an interested party during a review of a mobile website patent.
• Guitar Pedalboard Patent Sent for New PTAB Review by Fed. Cir. – The Federal Circuit ruled on Monday that the Patent Trial and Appeal Board erred when the board analyzed a guitar pedalboard patent and rejected an earlier electrical relay patent as analogous prior art.
• Heart Monitor Maker Asks High Court to Clear Eligibility Muddle – InfoBionic Inc. suggests that a Supreme Court review of its case involving a dispute over a cardiac monitoring patent could provide clarity around which inventions are eligible for patents.

Here’s the latest.

This post summarizes recent activity at the Supreme Court in cases decided by the Federal Circuit.

• One new petition for writ of certiorari was filed with the Supreme Court in Rutila v. Department of Transportation.
• Two reply briefs were filed with the Court, the first by HZNP in HZNP Finance Ltd. v. Actavis Laboratories UT, Inc. and the second by Whitserve in Whitserve LLC v. Donuts Inc.
• One amicus brief was filed with the Court in Cochlear Corp. v. Alfred E. Mann Foundation for Scientific Research by a group of Intellectual Property Professors.
• Finally, one waiver of right to respond was filed with the Court by RPX in IYM Technologies LLC v. RPX Corp.

Here are the details.

This post summarizes recent activity at the Supreme Court in cases decided by the Federal Circuit.

• The Court received three new petitions this week: (1) Mantissa Corp. v. Ondot Systems, Inc., (2) Rovi Guides, Inc. v. Comcast Cable Communications, LLC, and (3) IYM Technologies LLC v. RPX Corp.
• Three briefs in opposition to petitions were filed with the Court, the first by Actavis in HZNP Finance Ltd. v. Actavis Laboratories UT, Inc., the second by CBS in Personal Audio, LLC v. CBS Corp., and the third by Biomarin in Duke University v. Biomarin Pharmaceutical Inc.
• Lastly, the Supreme Court denied a total of 19 different petitions this week.

Here are the details.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include new petitions filed in five cases raising questions related to eligibility, claim construction, novelty, and non-obviousness; an amicus brief in a case raising a question related to eligibility; and the denial of two petitions raising questions related to eligibility, the Appointments Clause, and non-obviousness. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include new petitions filed in four cases raising questions relating to patent eligibility, the Appointments Clause, claim construction, and non-obviousness; one new response to a pending petition raising questions related to enablement, written description, and the 7th Amendment; and the denial of ten petitions raising issues including the Appointments Clause, claim construction, and implied licenses. Here are the details.

This morning the Federal Circuit issued three precedential opinions in patent cases and one nonprecedential order in a patent case. Here are the introductions to the opinions and the text of the order.

This morning the Federal Circuit issued four Rule 36 judgments. Here is a list of the judgments.