FedCircuitBlog

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Late yesterday, the Federal Circuit released three nonprecedential orders dismissing appeals. This morning, the court released one precedential opinion, four nonprecedential opinions, and one Rule 36 judgment.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 Two of the nonprecedential opinions come in patent cases; one comes in a pro se appeal of a decision of the Merit Systems Protection Board; and the fourth comes in a pro se appeal of a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Late yesterday, the Federal Circuit released a nonprecedential opinion dismissing an appeal. This morning, the court released two precedential opinions, four nonprecedential opinions, and a Rule 36 judgment.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 Of the nonprecedential opinions, one comes in appeals of a decision of the Patent Trial and Appeal Board; another comes in an appeal of a decision of the Trademark Trial and Appeal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.

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, there has been a lot of activity:

• eight new petitions were filed, one in a patent case and seven in pro se cases;
• nine waivers of the right to respond to petitions were filed in patent cases, a veterans case, an MSPB case, a government contracts case, and pro se cases;
• fourt briefs in opposition were filed in a Quiet Title Act case, a veterans case, and government contracts case;
• three reply briefs in support of petitions were filed in the same Quiet Title Act case, a trademark case, and the same government contracts case;
• sixteen amicus briefs have been filed two patent cases, a veterans case, and two takings cases;
• supplemental briefs were filed in a patent case and a pro se case; and
• the Supreme Court denied petitions in two patent cases, a takings case, a case addressing jurisdiction and a pro se case.

Here are the details.

This morning, the Federal Circuit released six nonprecedential opinions and one nonprecedential order dismissing an appeal. Two of the opinions come in patent cases; two come in appeals of decisions of the Court of Federal Claims, one of which involves a pro se party; one comes in a pro se appeal of a decision of the Merit Systems Protection Board; and one comes in an appeal of a decision of the Armed Services Board of Contract Appeals. Here are the introductions to the opinions and a link to the dismissal.

Late yesterday, the Federal Circuit released a nonprecedential order dismissing an appeal. This morning, the court released three nonprecedential opinions and a Rule 36 judgment. One of the opinions comes in a patent infringement case. The other two come in appeals of decisions of the Merit Systems Protection Board, one of which involves a pro se party. Here are the introductions to the opinions and links to the dismissal and judgment.

Here is an update on recent en banc activity at the Federal Circuit. Since our last update, the Federal Circuit issued an en banc opinion in a case addressing federal employment law. There also have been four new petitions for en banc rehearing asking questions related to contract interpretation, standing, prior art, and sanctions and fee awards. The Federal Circuit also denied three petitions for en banc rehearing in patent cases. Here are the details.