FedCircuitBlog

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 petition for certiorari regarding a Federal Circuit decision addressing patent infringement and “skinny labels” on generic medications;
• another article about “[t]he Federal Circuit reviv[ing] patent licensing company Uniloc’s cases against Google”; and
• a third article about a Federal Circuit oral argument concerning “a Google patent application for parental control content filters.”

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 this week in Arellano v. McDonough, a veterans case. With respect to petitions, two new petitions were filed with the Court in a patent case and a pro se case; the government waived its right to respond to a petition filed in a pro se case; the Court invited the Solicitor General to file briefs expressing the views of the United States in two patent cases related to so-called skinny labelling and eligibility, respectively; a supplemental brief was filed in a patent case raising questions related to patent law’s enablement requirement; a reply brief was submitted in a veterans case addressing the standard of proof governing rejection of disability claims; and, finally, the Court denied more than 20 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, 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 patent case raising a question related to inter partes review estoppel; a brief in opposition was submitted in another patent case raising a question related to patent eligibility; the government waived its right to respond to a petition filed in a pro se case; and two reply briefs were submitted in patent cases addressing so-called “skinny labelling” and the written description requirement. 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, Arellano filed his reply brief in Arellano v. McDonough. With respect to petitions, one new petition was filed with the Court in a Rule 36 case, three amicus briefs were submitted in a patent case, and a brief in opposition was submitted in the same 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, two new petitions were filed with the Court in a takings case and a pro se case; the government waived its right to respond in a pro se case and a veterans case; and three amicus briefs were filed in a takings case and 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 regard to granted cases, the Secretary of Veterans Affairs filed its merits brief in Arellano v. McDonough. With respect to petitions, four new petitions were filed with the Court, one in a patent case, one in a case addressing the jurisdiction of the Federal Circuit, and two in pro se cases; seven amicus briefs were filed in support of the petitions in two patent cases addressing the written description requirement; and the Court dismissed a petition in another pro se case. 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 discussing the top patent cases to watch in the second half of 2022;
• another article highlighting how a petition for a writ of certiorari claimed that a Federal Circuit decision “would upend the legal rules governing the modern prescription-drug marketplace”; and
• a third article urging that the question of whether artificial intelligence can be an inventor under patent law “is one for Congress, not the courts, to address.”

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received three new petitions raising questions related to ­­means-plus-function limitations and transfers. The court also denied five petitions for rehearing raising issues including the standard for granting a motion to seal court records, choice of law, estoppel arising from inter partes review, and claim construction. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received a response to a petition raising a question related to the motivation to combine prior art references in an obviousness analysis. The court also invited a response to a petition that raising questions related to the standard for granting a motion to seal court records. The court received an amicus brief in support of a petition raising a question related to the presumption of nexus in an obviousness analysis. Finally, the court received a reply in support of a petition raising questions related to the Appointments Clause. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received four new petitions raising questions related to the scope of usable prior art in inter partes review proceedings, motivation to combine prior art references, and the presumption of nexus in a non-obviousness analysis. The court received a response to a petition raising questions related to claim construction and a response to a motion to expedite issuance of the mandate in a case raising questions related to choice of law, forum selection clauses, and injunctive relief. The court also invited a response to the petition already mentioned that raised a question related to motivation to combine prior art references. Finally, the court denied three petitions raising questions related to claim construction and the written description requirement. Here are the details.