Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, a reply brief was filed in Amgen Inc. v. Sanofi, Aventisub LLC, a patent case addressing the enablement requirement. With respect to petitions, a new petition was filed with the Court in a veterans case and another in a pro se case; the government waived its right to respond in a pro se case; a brief in opposition was filed in a patent case; and a reply brief was filed in a trade case. Here are the details.
Opinions & Orders – October 17, 2022
This morning the Federal Circuit released two precedential opinions. The first comes in a patent case appealed from the Western District of Washington. In its opinion, the Federal Circuit affirms the district court’s invalidation of patent claims based on subject matter eligibility; notably, Judge Stoll dissented in part. The second comes in another patent case appealed from the Northern District of California. In this opinion, the Federal Circuit reverses the district court’s finding of invalidity based on indefiniteness; notably, Judge Dyk dissented. The Federal Circuit also released three nonprecedential opinions. The first and second come in veterans cases appealed from the Court of Appeals for Veterans Claims; the third comes in a case appealed from the Merit Systems Protection Board. Here are the introductions to the opinions.