News

Recent News on the Federal Circuit

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:

  • an article about “[a] Bristol Myers Squibb Co subsidiary on Monday los[ing] a renewed bid for the U.S. Supreme Court to hear its appeal of a 2021 decision that invalidated its cancer-drug patent and overturned a $1.2 billion infringement award it won”; and
  • another article arguing that broad functional patent claims suppress medical innovation.
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Petitions / Supreme Court Activity

Recent Supreme Court Activity

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, fourteen amicus brief were filed in Amgen Inc. v. Sanofi, Aventisub LLC, a patent case concerning the enablement patentability requirement. With respect to petitions, three new petitions were filed with the Court, one in a veterans case, one in a patent case, and one in a pro se case. Here are the details. 

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News

Recent News on the Federal Circuit

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:

  • an article about the U.S. International Trade Commission finding “Apple Watches with an electrocardiogram (ECG) function infringe patents belonging to medical device maker AliveCor Inc”;
  • another article about Amgen Inc.’s arguments to the Supreme Court that “patents needn’t spell out every possible iteration of an invention in order to be eligible for protection”;
  • a third article about “VLSI Technology LLC and Intel Corp . . . agree[ing] to end a patent dispute in Delaware”; and
  • a fourth article about “[t]he Federal Circuit . . . order[ing] a California company to defend patent litigation it filed in Texas, as its competitor in optical filters is asking to have the case transferred.”
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Petitions / Supreme Court Activity

Recent Supreme Court Activity

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, Amgen filed its opening merits brief in Amgen Inc. v. Sanofi, Aventisub LLC, which concerns patent law’s enablement requirement. With respect to petitions, although no new petitions were filed with the Court, a brief in opposition and a reply brief were filed in patent case concerning inter partes review estoppel, and another reply brief was filed in a veterans case. Here are the details. 

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Petitions / Supreme Court Activity

Recent Supreme Court Activity

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. Last Friday, the Court granted the petition for certiorari in Amgen Inc. v. Sanofi, Aventisub LLC, a patent case regarding the enablement requirement. In addition, one new petition was filed with the Court in a pro se case; the government waived its right to respond in two other pro se cases; and the Court denied two petitions: one in a veterans case and one in a patent case. Notably, Justice Gorsuch filed an opinion dissenting from the decision to deny review in the veterans case. Here are the details.

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Featured / News / Petitions / Supreme Court Activity

Breaking News – Supreme Court Grants Review in Amgen Inc. v. Sanofi, Aventisub LLC

Today the Supreme Court granted the petition for certiorari in Amgen Inc. v. Sanofi, Aventisub LLC, a patent case raising questions related to the enablement requirement. Although the petitioner requested review of two distinct questions, the Court granted review only for the second question presented. That question asks “[w]hether enablement is governed by the statutory requirement that the specification teach those skilled in the art to ‘make and use’ the claimed invention, 35 U.S.C. § 112, or whether it must instead enable those skilled in the art ‘to reach the full scope of claimed embodiments’ without undue experimentation—i.e., to cumulatively identify and make all or nearly all embodiments of the invention without substantial ‘time and effort.’” Notably, the Supreme Court granted review of this question despite the contrary view of the Solicitor General. Here are the details.

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Petitions / Supreme Court Activity

Recent Supreme Court Activity

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.

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News

Recent News on the Federal Circuit

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:

  • an article about the Biden Administration advising the Supreme Court not to review a pharmaceutical patent decision raising questions related to the enablement requirement;
  • a second article about the United States Patent and Trademark Office Director Kathi Vidal’s response “to a number of questions surrounding abuse of the inter partes review . . . system”; and
  • a third article about “[a] recent district court order punt[ing] concerns about an administrative patent tribunal’s alleged bias to the Federal Circuit.”
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News

Recent News on the Federal Circuit

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:

  • an article discussing the top patent cases to watch in the second half of 2022;
  • another article highlighting how a petition for a writ of certiorari claimed that a Federal Circuit decision “would upend the legal rules governing the modern prescription-drug marketplace”; and
  • a third article urging that the question of whether artificial intelligence can be an inventor under patent law “is one for Congress, not the courts, to address.”
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News

Recent News on the Federal Circuit

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:

  • a blog post examining how “opinions in regular [Federal Circuit] appeals are more than twice as likely to be precedential than orders” on petitions for mandamus related to venue;
  • an article discussing how “the Federal Circuit over the past decade has adopted more stringent standards for meeting the [Patent Act’s] dictates that patents provide a clear written description, and enable others to understand the invention”; and
  • another article discussing how, after the Supreme Court’s recent denial of certiorari in American Axle & Manufacturing, Inc. v. Neapco Holdings LLC, “[p]atent eligibility in America is a train wreck.”
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