FedCircuitBlog

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.

Guest Post by Kristen Osenga

In any given year, the Federal Circuit covers a wide spectrum of issues in patent law, and 2020 was no different. Of course, a lot about 2020 was different — including seeing the Court hold (and now livestream) telephonic arguments — but most of the patent cases decided were similar in type to other years . . . a little patent-eligible subject matter, a little jurisdiction and venue, a case about infringement of standard essential patents, and a bit of deciding what the Patent Trial and Appeal Board can and cannot do. There were no real blockbuster cases in 2020 (other than maybe the Arthrex denial of rehearing, more on that later). This could be due to the pandemic, or maybe it is a sign that patent law is settling in for a bit. Of course, that does not mean the law has settled in the right place, but that is a different issue for a different day.

For today, a few cases are worth highlighting from the Federal Circuit’s 2020 patent opinions. To be clear, this is not an exhaustive review, but rather simply a short selection noting some of the more important patent cases decided last year.

• SCOTUS Denial of TCL v. Ericsson Petition Means Juries Decide Damages for SEP Infringement – The Supreme Court declined to review a Federal Circuit decision requiring jury trials for the determination of damages for past infringing activities.
• Full Federal Circuit Grapples With Right to Review VA Manual – The Federal Circuit’s first telephonic oral argument for an en banc rehearing of a case was held last Thursday.

Here’s the latest.

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

• The Supreme Court received the four new petitions for writs of certiorari in (1) Strand v. United States, (2) Comcast Cable Communications, LLC v. Promptu Systems Corp., (3) HZNP Finance Ltd. v. Actavis Laboratories UT, Inc., and (4) Martin v. Department of Homeland Security.
• Both the United States in Campbell v. United States and Ericsson, Inc. in TCL Communication Technology Holdings Limited v. Telefonaktiebolaget LM Ericsson submitted briefs in opposition to petitions.
• Two replies were submitted to the Court, the first by Andrea Lea in Lea v. United States and the second by Jake LaTurner in LaTurner v. United States.
• Five amicus briefs were filed in three cases: (1) United States v. Arthrex, Inc., (2) Arthrex, Inc. v. Smith & Nephew, Inc., and (3) Polaris Innovations Ltd. v. Kingston Technology Co.

Here are the details.

This morning the Federal Circuit issued one precedential opinion in a patent case, four nonprecedential opinions in veterans cases, and three Rule 36 summary affirmances. Here are the introductions to the opinions and a list of the Rule 36 judgments.

Here is an update on recent en banc activity at the Federal Circuit. In NOVA v. Secretary of Veterans Affairs, a veterans case in which the en banc court will consider the court’s jurisdiction to review interpretive rules the Department of Veterans Affairs promulgates in its Adjudication Procedures Manual, three new amicus briefs were filed. Other highlights include new petitions in two patent cases raising questions related to venue and claim preclusion; a new response to a petition in another patent case raising questions related to jurisdiction; an invitation to respond to a petition raising questions related to patent eligibility; and the denial of a petition raising questions related to obviousness. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include new petitions filed in three cases raising questions related to standing, obviousness, and eligibility; a new invitation for a response in a case raising questions related to obviousness; two new amicus briefs in cases raising questions related to claim construction, joinder, and deference to Precedential Opinion Panels; and the denial of seven petitions raising questions related to claim construction, eligibility, novelty, non-obviousness, and the Appointments Clause. Here are the details.