FedCircuitBlog

About once a month we provide an update on activity in patent cases pending before panels of the Federal Circuit where the cases involve at least one amicus brief. We keep track of these patent cases in the “Other Cases” section of our blog. There we also highlight non-patent cases that attract amicus briefs, but only once those cases have been scheduled for oral argument. Today, with respect to these cases we highlight three dispositions, four recent oral arguments, and one upcoming oral argument.

As we have reported in earlier posts this week, the Federal Circuit last week heard four cases that attracted amicus briefs. In one of these cases, Immunex Corp. v. Sandoz Inc., the court addressed the issue of obviousness-type double patenting, which is an equitable doctrine aimed at preventing patent owners from extending patent protection beyond the statutorily-afforded term. As we noted in our argument preview, one of the main issues presented to the court concerning this doctrine in this case was whether Immunex owns “all substantial rights in [the patents-in-suit], including the ability to control patent prosecution.” Last week the parties presented their arguments to a panel of the court that included Judges O’Malley, Reyna, and Chen. Here is our argument recap.

This week, the Federal Circuit will hold 16 panel hearings and hear oral arguments in about 58 cases. Amicus briefs were filed in four of these cases. The first of these is a patent case dealing with patent eligible subject matter under 35 U.S.C. § 101. The second case addresses the issue of obviousness-type double patenting. The third is a takings case involving a notice of interim trail use. The fourth case focuses on invalidity and infringement standards for the administration of a multiple sclerosis treatment. Continue reading for more information about each of the featured cases.

The fourth case scheduled to be argued next week that attracting an amicus brief is Immunex Corp. v. Sandoz Inc. A patent case, it drew interest from Samsung Bioepis and the Association for Accessible Medicines, respectively, concerning the issues of obviousness and double patenting. Both amici argue for reversal of the lower court decision in favor of the appellants, Sandoz Inc., Sandoz International GMBH, and Sandoz GMBH. Here is our argument preview.

As a reminder, once a month we provide an update on activity in patent cases pending before panels of the Federal Circuit where the cases involve at least one amicus brief. We keep track of these patent cases in the “Other Cases” section of our blog. (There we also highlight non-patent cases that attract amicus brief, but only once those cases have been scheduled for oral argument.) Today, with respect to patent cases, we highlight one new opinion, a recent oral argument, and three upcoming oral arguments.

As a reminder, once a month we provide an update on activity in patent cases pending before panels of the Federal Circuit where the cases involve at least one amicus brief. We keep track of these patent cases in the “Other Cases” section of our blog. (There we also highlight non-patent cases that attract amicus brief, but only once those cases have been scheduled for oral argument.) Today, with respect to these patent cases, we highlight one new opinion, briefing in five cases, and a recent oral argument.

As a reminder, once a month we provide an update on activity in cases pending before panels of the Federal Circuit where the cases involve at least one amicus brief. Today with respect to these cases we highlight one opinion, briefing in six cases, a recent oral argument, and three upcoming oral arguments. (Note you can always find information related to these cases on our “Other Cases” page.) On to the update.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include the court inviting a response to a petition in one case and, while denying rehearing en banc in another, granting panel rehearing in that case for a limited yet notable purpose.

Here is a report on recent news and commentary related to the Federal Circuit and its cases, including two articles highlighting recent panel decisions, one blog post commenting on a recent grant of panel rehearing, and another blog post addressing a pending petition for certiorari.

Today the Federal Circuit issued one nonprecedential Rule 36 judgment and two nonprecedential orders regarding petitions for panel rehearings. Here are the orders.