FedCircuitBlog

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, a merits brief was filed in Harrow v. Department of Defense, a case concerning the Merit Systems Protection Board and whether a filing deadline is jurisdictional or allows for equitable tolling. With respect to petitions, three new petitions were filed with the Court in three other Merit Systems Protection Board cases, a brief in opposition was filed in a patent case, and an amicus brief was filed in another patent 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:

• a blog post discussing a recently filed petition for a writ of certiorari of a “May 2023 decision by the Federal Circuit that invalidated claims . . . covering method of treating Non-24-Hour Sleep-Wake Disorder”;
• an article highlighting a Federal Circuit ruling “that a Georgia inventor’s car remote-starter patent that his company alleges was infringed by BMW AG is invalid in light of two previously published inventions”; and
• an article about how the Federal Circuit “denied Charles Bertini’s petition for a writ of mandamus asking the court to order the U.S. Patent and Trademark Office (USPTO) to decide his trademark cancellation case against Apple, Inc.”

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, most notably the Solicitor General filed an amicus brief expressing the view of the United States that the Court should grant review in two patent cases. No new petitions were filed, but the government waived its right to respond to two petitions and a party filed a supplemental brief in response to the Solicitor General’s amicus brief recommending the Court grant review in a patent case raising a question about so-called skinny labelling. 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 a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:

• an article discussing how “[t]he U.S. Senate confirmed Judge Leonard Stark to the Federal Circuit, the nation’s top patent court”;
• another article similarly discussing how “Judge Leonard Philip Stark was confirmed by the U.S. Senate yesterday to be the next judge on the U.S. Court of Appeals for the Federal Circuit, replacing Judge Kathleen O’Malley”;
• an article discussing how “Teva struck out . . . in its effort to convince a U.S. appeals court to rehear its arguments for undoing a $235 million verdict for GlaxoSmithKline”; and
• yet another article explaining how recently the “Federal Circuit [effectively] clamp[ed] down on post IPR invalidity arguments.”

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights an article discussing a Federal Circuit decision upholding three patents concerning antibody treatment for migraines, another article highlighting a summary affirmance of a district court’s invalidation of a patent for ineligibility, an article about a Federal Circuit determination that the Patent Office cannot recoup expert witness fees in lawsuits filed in district court by unsuccessful patent applicants, and commentary on a recent ruling about the applicability of the Administrative Procedure Act in the context of inter partes review proceedings.

This morning the Federal Circuit issued two precedential opinions in patent cases appealed from the Patent Trial and Appeal Board, two nonprecedential opinions in another patent case appealed from the Patent Trial and Appeal Board and an employment case, a Rule 36 judgment, and one erratum. Here are the introductions to the opinions and links to the relevant orders.

In this article, we highlight two scholarly articles related to the Federal Circuit.

• Eli Lilly v. Teva: Generic Companies Infringe under Akamai IV in Case of Divided Infringement by Christopher M. Holman
• Design Patent Law’s Identity Crisis by Peter S. Menell and Ella Corren

Here are the details.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include a new petition raising a question related to claim construction; new invitations to respond to petitions raising questions related to novelty and non-obviousness; and the denial of two petitions raising questions related to design patent law and joinder in inter partes review proceedings. Here are the details.

This morning the Federal Circuit issued one nonprecedential opinion in a patent case. Here is the introduction to the opinion.