FedCircuitBlog

Yesterday the Supreme Court granted the petitions for certiorari in three related Arthrex cases: (1) United States v. Arthrex, Inc. (19-1434), (2) Smith & Nephew, Inc. v. Arthrex, Inc. (19-1452), and (3) Arthrex, Inc. v. Smith & Nephew, Inc. (19-1458). The Court decided to consolidate the cases for briefing and oral argument and announced that all future filings and activity will be reflected on docket of No. 19-1434. The Court’s widely anticipated review will determine the fate of Administrative Patent Judges (APJs) under the Appointments Clause. Here are the details.

This post summarizes recent activity at the Supreme Court in cases decided by the Federal Circuit.

• The Court received three new petitions this week: (1) Mantissa Corp. v. Ondot Systems, Inc., (2) Rovi Guides, Inc. v. Comcast Cable Communications, LLC, and (3) IYM Technologies LLC v. RPX Corp.
• Three briefs in opposition to petitions were filed with the Court, the first by Actavis in HZNP Finance Ltd. v. Actavis Laboratories UT, Inc., the second by CBS in Personal Audio, LLC v. CBS Corp., and the third by Biomarin in Duke University v. Biomarin Pharmaceutical Inc.
• Lastly, the Supreme Court denied a total of 19 different petitions this week.

Here are the details.

This morning, the Federal Circuit issued a precedential opinion in a patent case and four nonprecedential opinions in a case appealed from the Merit Systems Protection Board, a case concerning jurisdiction under the Tucker Act, a veterans case, and a patent case. The Federal Circuit also issued two Rule 36 judgments. Here are the introductions to the opinions and links to the Rule 36 judgments.

• Showdown Looms on Cost Accounting Standards – Boeing can challenge a Federal Acquisition Regulation provision regarding Cost Accounting Standards thanks to a recent Federal Circuit decision.
• A $75 Million Drug Sale Lands Teva a $235 Million Penalty – The Federal Circuit awarded $235 million to Glaxosmithkline for Teva’s sale of a generic version of a Glaxosmithkline heart medicine.

Here’s the latest.

This morning, the Federal Circuit issued a nonprecedential opinion in a government contracts case. Here is the introduction of the opinion.

This post summarizes recent activity at the Supreme Court in cases decided by the Federal Circuit.

• The Supreme Court received two new petitions this week in Fredman Bros. Furniture Co. v. Bedgear, LLC and Idenix Pharmaceuticals LLC v. Gilead Sciences, Inc.
• One reply brief was filed with the Court by B.E. Technology in B.E. Technology, L.L.C. v. Facebook, Inc.
• One amicus brief was filed with the Court in Arctic Cat Inc. v. Bombardier Recreational Products Inc. by Lambeth Magnetic Structures.
• Finally, three waivers of right to respond were filed with the Court in (1) Robles v. Wilkie, (2) Golden v. United States, and (3) Medina v. Federal Aviation Administration.

Here are the details.

This morning, the Federal Circuit issued one nonprecedential order declining to permit interlocutory review of an order by the Court of Federal Claims denying a motion to dismiss. Here is the text from the Federal Circuit’s order.

• Why Patents Can Matter In Trade Secret Cases – A recent petition for certiorari to the Supreme Court in Acer America Corp. v. Intellisoft, Ltd., highlights the critical interrelationship between trade secret law and patent law.
• Fed. Circ. Won’t Revive Presidio’s Capacitor Patent Claims – The Federal Circuit issued a nonprecedential opinion in a patent case involving a capacitor, described by the Federal Circuit as “a device that stores energy in an electric field when connected to an electrical circuit.”
• Supreme Court to consider all sides’ cert petitions in Arthrex patent-law case – Next week, the U.S. Supreme Court meets for its first conference since the summer recess. The agenda includes the controversial decision in Arthrex, Inc. v. Smith & Nephew.

Here’s the latest.

This morning the Federal Circuit issued one precedential opinion in a patent case, one precedential opinion in an employment case, and one nonprecedential opinion in a patent case. Here are the introductions to the opinions.

This post summarizes recent activity at the Supreme Court in cases decided by the Federal Circuit.

• The Supreme Court received three new petitions this week in (1) Cochlear Corporation v. Alfred E. Mann Foundation for Scientific Research, (2) Arctic Cat Inc. v. Bombardier Recreational Products Inc., and (3) Acer America Corporation v. Intellisoft, Ltd.
• Two briefs in response to petitions were filed with the Court, the first by Rovi in Comcast Cable Communications, LLC v. Rovi Guides, Inc., and the second by Facebook in B.E. Technology, L.L.C. v. Facebook, Inc.
• One reply brief was filed with the Court by Phazzer in Phazzer Electronics, Inc. v. Taser International, Inc.
• Lastly, two waivers of right to respond were filed with the Court in Drevaleva v. United States and Bozeman Financial LLC v. Federal Reserve Bank of Atlanta.

Here are the details.