FedCircuitBlog

Federal Circuit Upholds Teva-GlaxoSmithKline Decision, Landing Another Blow to ‘Skinny’ Labels – On EndPointsNews, Zachary Brennan wrote about the Federal Circuit’s most recent disposition in the case GlaxoSmithKline LLC v. Teva Pharmaceuticals USA, Inc. and its impact on generic drug competition.

CAFC Again Says Teva Induced Infringement on Carvedilol, Assures Holding Narrowly Applies – Eileen McDermott also reports on GlaxoSmithKline LLC v. Teva Pharmaceuticals USA, Inc., noting that the Federal Circuit “underscored its October 2020 ruling.”

Fed Circ Upholds VA Cutoff On Resuming Disability Benefits – Barbara Grzincic wrote an article for Reuters explaining the Federal Circuit’s decision in Buffington v. McDonough.

Is the Federal Circuit Too Trigger-Happy Invalidating Means Claims? – This question is asked by Dennis Crouch on PatentlyO, where Crouch focuses on “an interesting petition to the Supreme Court focusing on indefiniteness and means-plus-function claims.”

Here is this month’s update on activity in cases pending before panels of the Federal Circuit where the cases involve at least one amicus brief. We keep track of these cases in the “Other Cases” section of our blog. Today, with respect to these cases we highlight one disposition in a veterans law case, two oral argument recaps in a patent case and a veterans law case, four new patent cases, a patent case with new briefing, and four upcoming oral arguments in related Tucker Act cases. Here are the details.

This past Thursday, the court heard oral argument in Kannuu Pty Ltd. v. Samsung Electronics Co., an appeal from the United States District Court for the Southern District of New York. We have been following the case because it attracted amicus briefs. On appeal, Kannuu argues that inter partes review proceedings brought by Samsung should have been enjoined due to a forum selection clause in a contract among the parties. Kannuu contends that the district court erroneously denied its related motion for a preliminary injunction. The arguments regarding the forum selection clause in the parties’ contract attracted dueling amicus briefs. Judges Newman, Prost, and Chen heard Thursday’s argument. This is our argument recap.

Here is this month’s update on activity in cases pending before panels of the Federal Circuit where the cases involve at least one amicus brief. We keep track of these cases in the “Other Cases” section of our blog. Today, with respect to these cases we highlight three dispositions, two upcoming oral arguments, and one case with new briefing. Here are the details.

This week is Court Week at the Federal Circuit, with hearings starting tomorrow. For the last time since the start of the pandemic, the court will hear all its oral arguments telephonically. Again this month the Federal Circuit is providing access to live audio of each panel scheduled for argument via the Federal Circuit’s YouTube channel. In total, the court will convene nine panels to consider about 44 cases. Of these 44 cases, the court will hear oral arguments in 32. Of the argued cases, two attracted amicus briefs: one a veterans case and one a patent case. Here’s what you need to know about these two cases.

One patent case being argued next week, Kannuu Pty Ltd. v. Samsung Electronics Co., attracted amicus briefs. In this case, Kannuu appeals an adverse decision in the United States District Court for the Southern District of New York. On appeal, Kannuu argues that inter partes review proceedings brought by Samsung should have been enjoined due to a forum selection clause in a contractual agreement among the parties. Kannuu contends that the district court erroneously denied its related motion for a preliminary injunction. The arguments regarding the forum selection clause in the parties’ contract attracted dueling amicus briefs. This is our argument preview.

This morning the Federal Circuit issued a precedential opinion in a veterans case, a nonprecedential opinion in a patent case addressing alleged contempt of a consent decree, and a precedential order granting three petitions for writs of mandamus in patent cases ordering the Western District of Texas to transfer the cases to the Northern District of California. Here are the introductions to the opinions and order.

Here is an update on activity in cases pending before panels of the Federal Circuit where the cases involve at least one amicus brief. We keep track of these cases in the “Other Cases” section of our blog. Today, with respect to these cases we highlight three recent dispositions in two patent cases and a case appealed from the Merit Systems Protection Board, a copyright case attracting two amicus briefs, new briefing (including a second amicus brief) in a patent case, and two recent oral arguments in a patent and a veterans case. Here are the details.

• NYIPLA Amicus Brief in Ericsson v. Samsung Advocates the Adjudication of U.S. Patent Rights by U.S. Courts – The New York Intellectual Property Law Association (NYIPLA) recently submitted an amicus brief urging the Federal Circuit to balance the interests of the U.S. in resolving domestic patent protection against the rule of comity.
• Vivint Patent Ruling Upheld Over Belated Appointments Argument – The Federal Circuit ruled that Vivint forfeited the constitutional arguments from Arthrex when it failed to raise such arguments on appeal, even though Arthrex had not yet been issued at the time of the appeal.
• Banks Face Lawsuit ‘Frenzy’ After Business Patent Reviews End – In the last eight months, nearly three times as many patent suits involving financial services patents have been filed against banks and e-commerce companies after the PTO’s covered business method review program expired last September.

Here’s the latest.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received a new response to a petition raising questions related to claim construction and the doctrine of equivalents, and the court denied two petitions raising questions related to claim construction, eligible subject matter, and deference to the Patent Trial and Appeal Board. Here are the details.