FedCircuitBlog

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. The last week has been a busy one. As for granted cases, this week the Court decided United States v. Arthrex, Inc., agreeing with the Federal Circuit that the America Invents Act created an Appointments Clause violation with respect to the appointment and supervision of Administrative Patent Judges in inter partes review proceedings. As for petition cases:

• three new petitions were filed in patent law, Tucker Act, and pro se cases;
• two respondents filed briefs in opposition in vaccine and government contract cases;
• a respondent filed a brief in support of a petition in a patent case;
• a reply brief was submitted in supported of a petition in a patent case;
• the government filed waivers of right to respond in a tax case and a pro se case;
• a petitioner in a patent case filed a motion to dismiss; and
• the Court dismissed thirteen petitions.

Here are the details.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. As for granted cases, we are still waiting for the Court to issue opinions in the two pending patent cases. As for petitions, one new petition was filed in a patent case raising an Appointments Clause challenge; one respondent filed a brief in opposition to a petition raising questions related to an inmate’s right to assert patent infringement; the government submitted a waiver of its right to respond to a petition in a pro se case; and the Court requested a response to a petition raising questions related to preclusion. Additionally, four petitioners filed reply briefs in cases presenting questions related to the Federal Circuit’s jurisdiction, the Appointments Clause, and retroactivity in agency adjudication.

Here are the details.

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.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit.

• The Supreme Court received four new petitions for writ of certiorari.
• Three new response briefs were filed with the Court. Two in Iancu v. Fall Line Patents, LLC and one in Ericsson Inc. v. TCL Communication Technology Holdings Limited.
• Two new amicus briefs were filed with the Court in Sellers v. Secretary of Veterans Affairs, the first by the National Law School Veterans Clinic Consortium and the second by the Military-Veterans Advocacy Inc.
• One letter to Justice Barrett was filed with the Court by counsel for Sasso in Warsaw Orthopedic, Inc. v. Sasso, notifying Justice Barrett of a potential conflict of interest.
• Two waivers of right to respond were filed with the Court.
• Lastly, the Court denied the petitions in two cases: (1) Argentum Pharmaceuticals LLC v. Novartis Pharmaceuticals Corporation and (2) Wynkoop v. Department of Defense.

Here are the details.

• Full Federal Circuit Won’t Revisit Dana-Farber Win on Named Inventors – The Federal Circuit refused to rehear a case en banc involving the addition of inventors to a pharmaceutical patent.
• CAFC Affirms District Court Dismissal of Declaratory Judgment Under Doctrine of ‘Abstention’ – The Doctrine of ‘Abstention’ guided the Federal Circuit’s decision in Warsaw Orthopedic, Inc. v. Sasso to affirm the lower court’s ruling to dismiss a claim for declaratory judgment.
• Broadest Reasonable Interpretation in Light of the Specification – Snyders Heart Valve can continue its infringement claims against St. Jude’s Medical after a recent decision by the Federal Circuit.

Here’s the latest.

This morning, the Federal Circuit issued a precedential opinion in a patent case and a nonprecedential opinion denying permission for an interlocutory appeal. The Federal Circuit also issued three Rule 36 judgments. Here are the introductions to the opinions and links to the Rule 36 judgments.