FedCircuitBlog

This week is Court Week at the Federal Circuit. In total, the court will convene nine panels to consider 46 cases. Of these 46 cases, the court will hear oral arguments in 34. The Federal Circuit is providing access to live audio of these arguments via the Federal Circuit’s YouTube channel. This month, two cases attracted amicus briefs. Here’s what you need to know about these two cases.

Two cases being argued this month at the Federal Circuit attracted amicus briefs. One of those cases is Salix Pharmaceuticals, Ltd. v. Norwich Pharmaceuticals Inc., a patent case. In it, the Federal Circuit will review a judgment of the District of Delaware ruling on patent infringement and invalidity claims. The district court held that, if approved, Norwich’s Abbreviated New Drug Application would induce infringement of certain Salix patent claims (the “HE,” “IBS-D,” and “Polymorph” claims). Additionally, the court held that, while Salix’s HE claims are nonobvious and therefore not invalid, the asserted Polymorph and IBS-D claims are invalid as obvious. Both parties appealed the district court’s judgment. This is our argument preview.