This morning, the Federal Circuit did not release any opinions or orders on its website. Late Friday, the Federal Circuit released two nonprecedential orders, each dismissing an appeal. Here are the links to the dismissals.
Opinions and Orders – April 19, 2023
This morning, the Federal Circuit released a precedential opinion and a nonprecedential order. In the opinion, the court affirmed a judgment of the District of New Jersey in a patent case. In the order, the Federal Circuit dismissed an appeal. Here is the introduction to the opinion and a link to the dismissal.
Opinions & Orders – December 22, 2022
This morning the Federal Circuit released a precedential opinion in a patent case appealed from the District of Delaware. In it, the Federal Circuit affirmed the district court’s holding that specific patent claims are unpatentable as obvious, the sale of a generic product would not induce infringement of the patents, and the sale of the generic product would not directly infringe other patents. Notably, Judge Newman dissented without opinion. The Federal Circuit also released two nonprecedential orders. One transfers an appeal to the Northern District of Georgia, and one denies a motion to dismiss and instead transfers an appeal to the Northern District of Ohio. Here is the introduction to the opinion and text from the orders.
Opinions & Orders – June 16, 2022
This morning the Federal Circuit released a nonprecedential order granting a joint motion to voluntarily dismiss an appeal. Here is the text from the order.
Recent Supreme Court Activity
Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit.
- The Court invited the Acting Solicitor General to file a brief in American Axle & Manufacturing, Inc. v. Neapco Holdings LLC, a patent case presenting questions related to eligibility.
- Five new petitions were filed in patent, veterans, Tucker Act, and trademark cases.
- Seventeen new briefs in opposition were filed in sixteen cases.
- Five new reply briefs were filed.
- One supplemental brief was filed.
- One amicus brief was filed in a patent case.
- Five waivers of right to respond were submitted.
- The Court denied eight petitions.
Here are the details.
Recent Supreme Court Activity
Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit.
Three new petitions were filed in Dupuch-Carron v. Secretary of Health and Human Services, Optimum Services, Inc. v. Secretary of the Interior, and Sasso v. Warsaw Orthopedic, Inc. A new reply was filed in Sandoz Inc. v. Immunex Corp. and Merit Medical Systems, Inc. v. Khan.
Here are the details.
Recent Supreme Court Activity
Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit.
- The Court received three new petitions for writ of certiorari.
- Three new response briefs were filed with the Court in the following cases: Merit Medical Systems, Inc. v. Khan, Maine Community Health Options v. United States, and Sandoz Inc. v. Immunex Corp.
- Two new response briefs were filed with the Court in American Axle & Manufacturing, Inc. v. Neapco Holdings LLC and Khan v. Merit Medical Systems Inc.
- The Court received one new waiver of right to respond from the Secretary of Veterans Affairs in Blanton v. Secretary of Veterans Affairs.
Here are the details.
Recent Supreme Court Activity
Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit.
- The Court received four new petitions for writ of certiorari.
- One new amicus brief was filed with the Court in Sandoz Inc. v. Immunex Corp. by The Association for Accessible Medicines and America’s Health Insurance Plans, Inc.
- One new waiver of right to respond was filed with the Court by the Secretary of Veterans Affairs in Jones v. Secretary of Veterans Affairs.
Here are the details.
Recent Supreme Court Activity
Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit.
- The Court received three new petitions for writ of certiorari in the following cases: (1) Hyundai Heavy Industries Co. v. United States, (2) Sandoz Inc. v. Immunex Corp., and (3) Gadsden Industrial Park, LLC v. United States.
Here are the details.
Recent En Banc Activity
Here is an update on recent en banc activity at the Federal Circuit. This week the en banc court will hear arguments in a veterans case. Late last week a supplemental reply brief was filed in that case. As for new petitions for en banc consideration, two were filed in patent cases raising various questions related to the doctrine of equivalents, prosecution history estoppel, vitiation, reasonable royalties, and obviousness. With respect previously-filed petitions, a new response was filed asking the court to reject a petition questioning whether whether a party who is not a patentee may sue for patent infringement. In addition, the court denied four petitions in patent cases raising questions related to mandamus jurisdiction over real-party-in-interest determinations, double patenting, transfer of venue, and claim construction. Here are the details.