FedCircuitBlog

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 recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, yesterday the Supreme Court issued an opinion in Harrow v. Department of Defense, one of the two cases decided by the Federal Circuit that it is reviewing this term. With respect to petitions, the Supreme Court granted a petition in a veterans case, Bufkin v. McDonough. In addition, five new petitions were filed, four new briefs in opposition to petitions were filed, four new waivers of the right to respond were filed, and one reply brief was filed. Finally, the Court denied five petitions. Here are the details.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, the Supreme Court heard arguments last week in a case originating at the Merit Systems Protection Board, Harrow v. Department of Defense. While no new petitions were filed with the Court, a waiver of right to respond was filed in a pro se case and two reply briefs were filed in a patent case and in a veterans case. Additionally, the Court denied petitions in a patent case and a pro se case. Here are the details.

This morning, the Federal Circuit released two precedential opinions, two nonprecedential opinions, and one nonprecedential order. The first precedential opinions addresses an appeal from a judgment of the Court of Federal Claims regarding a military officer’s retirement status and affiliated retirement pay. The second precedential opinions addresses an appeal from a judgment of a district court in a patent case and affirms the district court’s indefiniteness determination but vacates and remands its nonobviousness determination. Both of the nonprecedential opinions address appeals from judgments of the Eastern District of Texas granting motions for summary judgment of noninfringement, and the Federal Circuit affirms in both cases. The nonprecedential order denies a petition for a writ of mandamus asking the court to order the reopening of a case. Here are the introductions to the opinions and selected text from the order.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, the Supreme Court will hear oral argument next week in Harrow v. Department of Defense, a case concerning the Merit Systems Protection Board and whether a filing deadline is jurisdictional. With respect to petitions, two new petitions were filed in a patent case and a pro se case, a waiver of right to respond was filed in a pro se case, two briefs in opposition were filed in a patent case and in a veterans case, and an amicus brief was filed in a Merit Systems Protection Board case. Finally, the Court denied petitions in a pro se case and in a patent case. Here are the details.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, there is no new activity to report since our last update. With respect to petitions, one new petition was filed with the Court in a pro se case, the Court requested a response to a petition in a patent case concerning obviousness, and two amicus briefs were filed in the same patent case concerning obviousness. In addition, the Court denied the petitions in three patent cases and one pro se case, and the Court dismissed the petitions in five pro se cases. Here are the details.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, there is no new activity to report since our last update. While no new petitions were filed with the Court, two waivers of right to respond were filed in a patent case addressing the non-obviousness requirement and four amicus briefs were filed in a veterans case regarding the benefit-of-the-doubt rule. Here are the details.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, five amicus briefs were submitted in Harrow v. Department of Defense, a case concerning the Merit Systems Protection Board. With respect to petitions, two new petitions were filed with the Court in a veterans case and a patent case, and four waivers of right to respond were filed in four pro se cases. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. This week’s highlight is the denial of a petition for rehearing en banc in a patent case presenting three questions related to the non-obviousness requirement.  

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include the filing of an opening en banc brief in an en banc case reconsidering the longstanding test governing design patent obviousness and the denial of a petition raising questions related to obviousness.