FedCircuitBlog

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, the Supreme Court heard arguments this week in Arellano v. McDonough, a veterans case. With respect to petitions, two new petitions were filed with the Court in a patent case and a pro se case; the government waived its right to respond to a petition filed in a pro se case; the Court invited the Solicitor General to file briefs expressing the views of the United States in two patent cases related to so-called skinny labelling and eligibility, respectively; a supplemental brief was filed in a patent case raising questions related to patent law’s enablement requirement; a reply brief was submitted in a veterans case addressing the standard of proof governing rejection of disability claims; and, finally, the Court denied more than 20 petitions. Here are the details.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, the Supreme Court will hear oral arguments next week in Arellano v. McDonough, a veterans case. With respect to petitions, one new petition was filed with the Court in a pro se case. Additionally, the views of the Solicitor General were submitted in a patent case raising questions related to patent law’s enablement requirement. Here are the details.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, the Supreme Court heard arguments this week in George v. McDonough, a case addressing veterans law. While no new petitions have been filed, the Court invited the Solicitor General to file a brief expressing the views of the United States in a case concerning patent law’s enablement requirement. Additionally, two waivers of right to respond and a reply brief were filed in other patent cases. Moreover, two amicus briefs were submitted this past week: one in a patent case raising questions related to enhanced damages and one in a veterans case involving the Equal Access to Justice Act. Finally, the Court denied certiorari in two cases brought by pro se petitioners. Here are the details.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. This week, the Supreme Court set a date for oral argument in a veterans case that raises questions regarding the scope of clear and unmistakable error. As for still pending petitions, one new petition was filed with the Court in a patent case raising questions related to patent eligibility; one brief in opposition was filed in another patent case raising questions related to enablement; and one reply in support of a petition was submitted in a government contract case. Here are the details.

CAFC Denies Amgen Petition to Reconsider Enablement Test for Biotech Patents – In an article on IPWatchDog, Logan Murr reports on the Federal Circuit’s denial of an en banc petition raising questions related to enablement filed by filed by Amgen Inc. in their case against Sanofi, Aventisub LLC. 

AWS Urges Supreme Court to Reject Oracle JEDI Review Petition – John Hewitt Jones writes for FedScoop.com about how “Amazon Web Services has filed a brief with the U.S. Supreme Court urging it to reject an earlier petition by Oracle to renew its challenge to the Pentagon’s $10 billion Joint Enterprise Defense Infrastructure (JEDI) contract.”

Federal Circuit Affirms Board Decision on Pandemic-Related Claim – On GovernmentContractsLegalForum.com, Steve McBrady, Charles Baek, Michelle Coleman, Rob Sneckenberg, John Nakoneczny, and Catherine Shames explain how the Federal Circuit “recently affirmed the Civilian Board of Contract Appeals’ (CBCA) decision denying a pandemic-related claim in Pernix Serka Joint Venture v. Secretary of State.”

Supreme Court Declines to Hear Cost Sharing Reduction Case – Susan Morse comments on HealthCareFinanceNews.com about how the Supreme Court will not hear a case decided by the Federal Circuit “regarding unpaid cost-sharing reduction payments to insurers.”

This morning the Federal Circuit issued a nonprecedential opinion in a patent case appealed from the Patent Trial and Appeal Board; a nonprecedential order denying a petition for patent and en banc rehearing in a patent infringement case, along with a nonprecedential opinion by Judges Lourie, Prost, and Hughes concerning the denial of panel rehearing and the argument their panel decision changed the law of enablement; and three Rule 36 summary affirmances. Here are the introductions to the opinions and a list of the summary afirmances.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received and invited a response to a new petition raising questions related to enablement. The court also denied three petitions raising questions related definiteness, intervening rights, willfulness, unclean hands, claim construction, and the doctrine of equivalents. Here are the details.

Here is this month’s update on activity in cases pending before panels of the Federal Circuit where the cases attracted 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 two dispositions, one in a veterans case addressing allegations of delay violating due process and one in a patent case addressing the enablement requirement. We also highlight two new patent cases, one addressing claim construction and the non-obviousness requirement and the other addressing the first-to-file rule and patent eligibility. We also note three upcoming oral arguments. Here are the details.

Last week the Federal Circuit heard oral argument in four cases that attracted amicus briefs. In one of the patent cases, Amgen Inc. v. Sanofi, Aventisub LLC, the court considered the enablement requirement with respect to antibody claims. This is our argument recap.

This week the Federal Circuit will convene 15 panels to consider about 69 cases. This month, as in the past several months, the court will hear all of its oral arguments telephonically given the coronavirus pandemic. The court will hear oral arguments in 39 of the 69 cases. Of these argued cases, four attracted amicus briefs: one in a takings case, two in patent cases, and one in a veterans case. Here’s what you need to know about these cases.