FedCircuitBlog

Last week, the Federal Circuit heard oral argument in Teva Branded Pharmaceutical Products R&D, Inc. v. Amneal Pharmaceuticals of New York, LLC, a case we have been tracking because it attracted seven amicus briefs. In it, Teva challenges a district court’s injunction requiring it to delist five patents from the Food and Drug Administration’s Orange Book. Judges Prost, Taranto, and Hughes heard the oral argument. This is our argument recap.

This week is Court Week at the Federal Circuit. The court will convene 13 panels to hear 63 cases. Of the 63 cases, the court will hear oral argument in 41 cases. The Federal Circuit provides access to live audio of these arguments via the Federal Circuit’s YouTube channel. This month, three cases scheduled for oral argument attracted amicus briefs. Here’s what you need to know about these three cases.

As we have reported, three cases being argued at the Federal Circuit in November attracted amicus briefs. One of these cases is Teva Branded Pharmaceutical Products R&D, Inc. v. Amneal Pharmaceuticals of New York, LLC. In it, Teva challenges a district court’s injunction requiring it to delist five patents from the Food and Drug Administration’s Orange Book. This is our argument preview.

Here is an update on activity in cases pending before panels of the Federal Circuit where the case involves at least one amicus brief. We keep track of these cases in the “Other Cases” section of our blog. Today with respect to these cases we highlight two new response briefs, one in a case raising questions related to whether a district court erred in denying a motion to intervene and to unseal court records and another in a patent case involving a challenge to a district court’s injunction requiring the delisting of patents from the Food and Drug Administration’s Orange Book; two new reply briefs, one in a patent case raising questions related to eligibility, claim construction, and infringement and another in a patent case raising questions related to eligibility; and five new amicus briefs in the patent case challenging the delisting of patents from the Orange Book. 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 highlighting how the Federal Circuit recently “vacated a decision axing a[] . . . drug patent based on an argument not presented at trial and chastised the federal judge in Delaware who issued it”;
• an article discussing how the Federal Circuit “reverse[d], in whole or in part, the PTAB only about 20% of the time” in July;
• an article explaining that in a recent opinion, the Federal Circuit “affirmed a district court’s decision to grant a motion to dismiss a patent infringement case . . . due to patent ineligibility” of “image tagging patents”; and
• a blog post explaining that the “Federal Circuit is set to hear oral arguments in . . . a case that could significantly impact Orange Book patent listing (and delisting) practices under the Hatch-Waxman Act.”

Here is an update on activity in cases pending before panels of the Federal Circuit where the case involves at least one amicus brief. We keep track of these cases in the “Other Cases” section of our blog. Today with respect to these cases we highlight four recent opinions, four new cases, new briefing in three cases, and a recent oral argument. Here are the details.