FedCircuitBlog

Three cases being argued at the Federal Circuit in February attracted amicus briefs. One of those cases is Doughtery Electric, Inc. v. United States, a tax case. In it, Dougherty Electric appeals the dismissal by the Court of Federal Claims of a refund suit for lack of subject-matter jurisdiction. This is our argument preview.

This morning, the Federal Circuit released four nonprecedential opinions and one nonprecedential order. Two of the opinions come in patent cases, one appealed from the Patent Trial and Appeal Board and one appealed from a district court. The third opinion comes in a pro se appeal of a decision of the Court of Federal Claims. The fourth opinion comes in an appeal of a decision of the Merit Systems Protection Board. The order transfers an appeal. Here are the introductions to the opinions and a link to the order.

This morning, the Federal Circuit released two precedential opinions, one nonprecedential opinion, and four nonprecedential orders. One of the precedential opinions comes in a patent infringement case; the other precedential opinion comes in a pro se appeal of a decision of the Merit Systems Protection Board. The nonprecedential opinion comes in another appeal of a decision of the Merit Systems Protection Board. One of the nonprecedential orders denies a petition for a writ of mandamus; another transfers a case. The other two dismiss appeals. Here are the introductions to the opinions and first two orders and links to dismissals.

This morning, the Federal Circuit released six nonprecedential opinions and seven nonprecedential orders. Four of the opinions come in patent cases, including two appeals of decisions of the Patent Trial and Appeal Board. The fifth opinion comes in an appeal of a decision of the Court of Federal Claims, while the sixth opinion comes in an appeal of a decision of the Merit Systems Protection Board. Five of the orders dismiss appeals while two transfer cases. Here are the introductions to the opinions and orders transferring cases and links to the dismissals.

On Friday, the Supreme Court granted the petition for certiorari in Hikma Pharmaceuticals USA Inc. v. Amarin Pharma, Inc, a patent case decided by the Federal Circuit. The Supreme Court will review the following questions:

1. “When a generic drug label fully carves out a patented use, are allegations that the generic drugmaker calls its product a ‘generic version’ and cites public information about the branded drug (e.g., sales) enough to plead induced infringement of the patented use?”
2. “Does a complaint state a claim for induced infringement of a patented method if it does not allege any instruction or other statement by the defendant that encourages, or even mentions, the patented use?”

Here is more information about the case.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. Since our last update, there has been no new activity at the Supreme Court in the only pending case decided by the Federal Circuit. As for petitions, a new petition was filed in a patent case addressing appellate procedure; waivers of the right to respond to petitions were filed in a patent case and five pro se cases; a reply brief in support of a petition was filed in a veterans case; and the Supreme Court denied petitions in ten cases. Here are the details.

Late yesterday, the Federal Circuit released three nonprecedential orders dismissing appeals. This morning, the court released one precedential opinion, four nonprecedential opinions, and one Rule 36 judgment. The precedential opinion comes in a veterans case. Two of the nonprecedential opinions come in patent cases; one comes in a pro se appeal of a decision of the Merit Systems Protection Board; and the fourth comes in a pro se appeal of a decision of the Court of Federal Claims. Here are the introductions to the opinions and links to the judgment and dismissals.

Late yesterday, the Federal Circuit released a nonprecedential opinion dismissing an appeal. This morning, the court released two precedential opinions, four nonprecedential opinions, and a Rule 36 judgment. One of the precedential opinions comes in an appeal of a decision of the Court of Appeals for Veterans Claims; the other comes in an appeal of a decision of the Merit Systems Protection Board. Of the nonprecedential opinions, one comes in appeals of a decision of the Patent Trial and Appeal Board; another comes in an appeal of a decision of the Trademark Trial and Appeal Board; another comes in a pro se appeal of a decision of the Court of Federal Claims; and the fourth comes in the form of a pro se petition for review of an arbitrator’s decision. Here are the introductions to the opinions and links to the judgment and yesterday’s dismissal.

This morning, the Federal Circuit released three nonprecedential opinions and five nonprecedential orders. The first opinion comes in a pro se appeal of a decision of the International Trade Commission in a patent case; the second opinion comes in a pro se appeal of a decision of the Court of Appeals for Veterans Claims; and the third opinion comes in a pro se appeal of a decision of the Court of Federal Claims. One of the orders grants a motion to permit an appearance for the purpose of withdrawing an appeal; the other four dismiss appeals. Here are the introductions the opinions and links to the orders.

This morning, the Federal Circuit issued two precedential opinions, two nonprecedential opinions, a nonprecedential order, and two Rule 36 judgments. One of the precedential opinions comes in an appeal of a decision of the Court of International Trade; the other comes in an appeal of a decision of the International Trade Commission. One of the nonprecedential opinions comes in a pro se appeal of a decision of the Trademark Trial and Appeal Board; the other comes in a pro se appeal of a decision of the Court of Federal Claims. The order transfers a case to the Court of Federal Claims. Here are the introductions to the opinions and the order and links to the Rule 36 judgments.