News

Recent News on the Federal Circuit

Here’s the latest.

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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. 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.

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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 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.

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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 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.

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En Banc Activity / Petitions

Recent En Banc Activity

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.

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Featured / Opinions

Today’s Opinions – March 23, 2020

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.

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En Banc Activity / Petitions

Recent En Banc Activity

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.

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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. 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.

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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. Highlights include a granted application to stay the Federal Circuit’s mandate to allow the prospective petitioner to challenge the Federal Circuit’s conclusion that it had waived the argument that succeeded in Arthrex, two new petitions including one related to the exhaustion doctrine and design patents, and several responses to 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 a call by the Federal Circuit for the U.S. Patent and Trademark office to comment on the scope and effect of Arthrex, a comment on implied patent licenses, and a report that Apple has another shot at invalidating claims of a patent it has been accused of infringing.

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