FedCircuitBlog

This post summarizes recent activity at the Supreme Court in cases decided by the Federal Circuit.

• After receiving three petitions last week, the Supreme Court received yet another petition from Lakshmi Arunachalam in Lakshmi Arunachalam, Petitioner v. SAP America, Inc.
• In Arthrex, Inc. v. Smith & Nephew, Inc., the petitioner submitted its reply to the Court, denouncing the claims made by the respondent and further advocating for their writ to be granted.
• Finally, the Supreme Court denied a total of eight different petitions this week, among that group of denied petitions are cases like Collabo Innovations, Inc. v. Sony Corp. and Comcast Corp. v. International Trade Commission. For the full list of denied petitions, see the list below.

Here are the details.

This post summarizes recent activity at the Supreme Court in cases decided by the Federal Circuit.

• One new petition for certiorari was filed in Ameranth, Inc. v. Domino’s Pizza, LLC.
• In Arthrex, Inc. v. Smith & Nephew, Inc., two briefs in opposition were filed. One brief from Smith & Nephew, Inc. and ArthroCare Corp. and the other from the United States.
• The Supreme Court received a total of five amicus briefs this week. Four amicus briefs in TCL Communication Technology Holdings Limited v. Telefonaktiebolaget LM Ericsson and one amicus brief in Callan Campbell v. United States.
• In Ford Motor Co. v. United States, Ford submitted its reply to the United States’ brief in opposition.

Here are the details.

• Federal Circuit Snubs Extrinsic Evidence – Courts are not required to consult extrinsic evidence in every patent eligibility case.
• Defining the Contours of Arthrex Decision – The Federal Circuit’s recent decision has resulted in a large number of PTAB appeals.
• Federal Circuit Upholds Application of Dedication-Disclosure Doctrine – The Federal Circuit affirmed a district court’s application of the dedication-disclosure doctrine.

Here’s the latest.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. In granted cases, the Court postponed one oral argument. In petitions cases, one new petition was filed in a patent case presenting questions related to retroactive application of inter partes review and waiver with respect to an Appointments Clause challenge. Two responses in opposition to petitions were filed in patent cases raising questions related to the written description requirement and standing to appeal in inter partes review proceedings. There was one new reply brief filed in a veterans case concerning attorneys fees. And several amicus briefs were filed in three cases. Here are the details.

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 recent Federal Circuit decision related to the 2017 Veterans Affairs Accountability and Whistleblower Protection Act, a call to fast-track a case related to GI Bill benefits, a comment on the Federal Circuit’s recent decision to provide access to live audio of oral arguments during the court’s April 2020 session, and a blog post about the denial of a motion to stay issuance of the mandate in Arthrex.

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights two articles discussing the Federal Circuit’s denial of en banc rehearing in Arthrex, Inc. v. Smith & Nephew, Inc., a report on upcoming oral arguments set to be heard before the Federal Circuit over plutonium fines, and a preview of the oral argument to be heard before the Supreme Court in Google LLC v. Oracle America, Inc.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include new petitions filed in five cases raising questions related to the Appointments Clause, marking and notice, and definiteness; one response to a petition raising questions related to collateral estoppel and inter partes review; one request by the Federal Circuit for a response to a petition raising questions related to collateral estoppel and the doctrine of equivalents; and the denial of petitions in three cases (including, notably, Arthrex). Here are the details.

This morning the Federal Circuit issued a precedential order denying en banc rehearing in Arthrex, Inc. v. Smith & Nephew, Inc., a nonprecedential opinion in a Veterans case, and a Rule 36 judgment. Here is the text of the order and the introductions to the opinions.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include five new petitions related to obviousness, Arthrex, alleged appellate fact-finding, and prevailing party determinations; one response to a petition raising arguments related to Arthrex; three amicus briefs in support of a petition concerning design patent infringement; and an order denying a petition related to definiteness with a dissent by four judges. Here are the details.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. Highlights include thirty new amicus briefs in Google Inc. v. Oracle America, Inc., the denial of the application for a stay of the the Federal Circuit’s mandate in Sanofi-Aventis Deutschland GmbH v. Mylan Pharmaceuticals Inc., three new petitions in a trade case and two patent cases, and a new amicus brief in support of a petition related to apportionment of patent damages. Here are the details.