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 discussing Law360’s “picks for the top trademark rulings of 2021”;
  • another article detailing the Federal Circuit’s reversal of a Trademark Trial and Appeal Board priority determination;
  • another article explaining a Federal Circuit decision “[a]ddressing obviousness in the context of method of treatment claims using particular drug dosages”; and
  • another article assessing “homes, cars & IP: the valuation method intriguing patent lawyers.”
Read More
En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit. In the only pending en banc case, a veterans case, the appellant filed his en banc reply brief and the court scheduled the oral argument to occur in February. We will post an argument preview prior to the oral argument. As for petitions for rehearing en banc in patent cases, the court received two new petitions raising questions relating to the standard for enhanced damages and the Federal Circuit’s jurisdiction. The court also received responses to two petitions raising questions related to the inducement doctrine’s interaction with the Hatch-Waxman Amendments and the notice required to collect damages for infringement. Finally, the court denied three petitions raising questions related to the interpretation of a forum selection clause, a writ of mandamus, and comparable licenses and royalty calculations, and another petition in a pro se case. Here are the details.

Read More
Opinions

Opinions & Orders – December 7, 2021

This morning the Federal Circuit released two precedential opinions, a nonprecedential opinion, and two nonprecedential orders. The precedential opinions come in a government contract case appealed from the Court of Federal Claims and a patent case appealed from the Patent Trial and Appeal Board. The nonprecedential opinion comes in a pro se case dismissed for lack of jurisdiction. The nonprecedential orders dismiss petitions for writs of mandamus, one seeking to order transfer in a patent case and the other in an apparent pro se case pending at the Court of Federal Claims. Here are the introductions to the opinions.

Read More
En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received two new petitions, one raising a question related to comparable licenses and royalty calculations and another raising a question related to the written description requirement. The court received three more amicus briefs in support of rehearing en banc in a case that raises questions concerning the inducement doctrine’s interaction with the Hatch-Waxman amendments. Finally, the court denied three petitions for rehearing en banc, one raising a question related to writs of mandamus and two raising the same questions related to patent eligibility. Here are the details.

Read More
En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received a new petition raising questions related to writs of mandamus. The court invited a response to a petition that raised questions concerning the inducement doctrine’s interaction with the Hatch-Waxman amendments, and the court received two amicus briefs in support of this petition. Finally, the court denied a petition for rehearing en banc in a case that raised a question relating to the nexus requirement for secondary considerations of non-obviousness. Here are the details.

Read More
En Banc Activity / Petitions

Recent En Banc Activity

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 the inducement doctrine’s interaction with Hatch-Waxman Amendments, the Patent Trial and Appeal Board’s analysis of the non-obviousness requirement, and venue. The court also denied two petitions for rehearing en banc raising questions related to anticipation, the evidentiary basis of an invalidity finding, and the proper standard of review of agency determinations. Here are the details.

Read More
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 predicting how a recent Federal Circuit decision [will] likely provide a route for judges and plaintiffs in patent cases to circumvent an international treaty that creates hurdles when serving complaints on foreign defendants”;
  • an article analyzing “the unsettled and contentions nature of [patent] infringement in the skinny-label context”; and
  • an article report discussing how last week the Federal Circuit issued an order “forcing U.S. District Judge Alan Albright to move [a] patent dispute . . . from his court in Waco, Texas, . . . to Northern California.”
Read More
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 discussing the filing of an amicus brief in the aftermath of the Federal Circuit’s recent treatment of “skinny labels;”
  • a conversation about President Biden’s potential federal court nominations based on previous picks and patterns; and
  • an article discussing how steel importers are urging the Federal Circuit to reverse a panel decision upholding levies on steel imports.
Read More
Opinions / Panel Activity

Opinion Summary – GlaxoSmithKline LLC v. Teva Pharmaceuticals USA, Inc.

On August 5 the Federal Circuit issued a new panel opinion in GlaxoSmithKline LLC v. Teva Pharmaceuticals USA, Inc., a case we have been following because it attracted numerous amicus briefs. Chief Judge Moore and Judges Newman and Prost formed the panel hearing this case. The court’s new opinion was filed per curiam, with Judge Prost authoring a dissent. In the new opinion, the court again vacated a district court’s grant of judgment as a matter of law “because substantial evidence supports the jury’s verdict of induced infringement.” Furthermore, as before, the panel reinstated the jury’s damages award “because the district court did not err in its jury instructions on damages.” But the new panel opinion is most notable because it addresses the arguments made in the amicus briefs supporting rehearing. Those amicus briefs argued that the panel’s original opinion “could be read to upset the careful balance struck with . . . carve-outs” in the context of Hatch-Waxman. Indeed, the case involved an alleged, so-called “skinny label,” a label that omits language indicating infringing use. In the panel’s new opinion, the majority maintained that its “narrow, case-specific review of substantial evidence does not upset the careful balance struck by the Hatch-Waxman Act regarding [such] carve-outs.” Here we provide the court’s description of the background of the case, a summary of the court’s analysis, and relevant parts of Judge Prost’s dissent. 

Read More
Panel Activity

Update on Important Panel Activity

Here is this month’s update on activity in cases pending before panels of the Federal Circuit where the cases involve 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 six dispositions, one new case, one case with new briefing, and one oral argument recap. Here are the details.

Read More