FedCircuitBlog

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include a new petition presenting questions related to obviousness, a response brief addressing standards governing reissue, and denials of two petitions presenting questions related to definiteness and claim construction. 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 commenting on the recent Supreme Court ruling in Amgen v. Sanofi concerning patent law’s enablement requirement;
• an article highlighting the Biden administration urging the Supreme Court to deny certiorari in Apple v. Caltech, a case presenting a question about inter partes review estoppel;
• a post noting the effects of the Federal Circuit’s holding addressing inducement of infringement by so-called skinny labels in Teva v. GlaxoSmithKline after the Supreme Court denied certiorari in the case; and
• an article arguing the recent precedential opinion by the Federal Circuit in Sanofi-Aventis Deutschland v. Mylan Pharmaceuticals addressing a limit on what qualifies as analogous prior art “adds to [the] toolbox for patentee prosecution and litigation success.”

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 issued its opinion yesterday in Amgen Inc. v. Sanofi, Aventisub LLC, a patent case addressing the enablement requirement. With respect to petitions, five new petitions were filed, one in a trade case, one in an employment case, and three in pro se cases. Three briefs in opposition were filed, two in veterans cases and one in a patent case. Two waivers of the right to respond were filed in the same patent case. And, finally, four petitions were denied, three in patent cases and in one 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 about the elevated tension within the Federal Circuit due to the ongoing lawsuit by Judge Newman;
• an article about how Judge Newman’s lawsuit is entering uncharted territory;
• an article providing a broad recap of ongoing problems the Federal Circuit and other entities face with patent eligibility and legislation seeking to solve these problems; and
• an article about the Supreme Court’s rejection of a challenge to a Federal Circuit holding that allegedly creates confusion for generic drugmakers.

This morning, the Federal Circuit released two precedential opinions, one in a government contract case and one in a tax case. The court also released three nonprecedential opinions, all in patent cases. The court also released a nonprecedential order dismissing an appeal. Here are the introductions to the opinions and a link to the dismissal.

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:

• an article about an “appeal seeking to revive a patent covering [a] Parkinson’s disease drug Neupro”; and
• another article discussing how four law professors argue the “Supreme Court should weigh in on whether artificial intelligence systems can produce patentable inventions.”

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:

• an article about the recent Federal Circuit decision that “vacated a $576 million judgment against Apple”; and
• a blog post about the Solicitor General’s recent “amicus brief with the United States Supreme Court advising it to grant Teva Pharmaceuticals’ petition for writ of certiorari.”

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; two parties and the government waived their right to respond in a patent case and two pro se cases; the Solicitor General filed an amicus brief expressing the views of the United States in a patent case; four amicus brief were filed in a veterans case; and the Court denied certiorari in a Merit Systems Protection Board case and two pro se cases. 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 about the Federal Circuit allowing Chief U.S. Judge Colm Connolly of the District of Delaware to “inquire into compliance with his standing orders into ownership transparency” in patent cases;
• another article about the Federal Circuit denying a motion to enjoin a litigant “from commercially marketing generic versions of [a] sleep disorder drug”; and
• a third article about a Federal Circuit decision regarding whether under a pretrial discovery order in a patent case is appealable under the collateral order doctrine.

This morning the Federal Circuit released a precedential en banc opinion in a veterans case appealed from the Court of Appeals for Veterans Claims. In the court’s majority opinion, the Federal Circuit reversed, holding that a statute limiting educational assistance applies to veterans with multiple periods of service. Notably, both Judge Newman and Judge Reyna filed separate dissenting opinions. The Federal Circuit also released five nonprecedential opinions today. One comes in a case appealed from the Court of Federal Claims; one comes in a veterans case appealed from the Court of Appeals for Veterans Claims; and three come in patent cases appealed from the Patent Trial and Appeal Board. Finally, the court released three nonprecedential orders. Two dismiss appeals, and one grants motions to sever claims and transfer remaining claims to the District of Colorado. Here are the introductions to the opinions, text from the order granting the motions, and links to the dismissals.