This morning, the Federal Circuit issued a precedential opinion in a patent case, finding that the Patent Trial and Appeal Board erred by invalidating a claim for anticipation when the relevant petition asserted only obviousness. The court also issued a nonprecedential opinion in another patent case affirming PTAB findings of obviousness. Finally, the court issued two Rule 36 judgments. Here are the introductions to the opinions and links to the Rule 36 judgments.
Opinions & Orders – January 29, 2021
This morning, the Federal Circuit issued two nonprecedential errata. Here are the errata.
Recent Supreme Court Activity
Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit.
- Two response and reply briefs were filed with the Court by the United States and by Smith & Nephew in a case that has been granted certiorari, United States v. Arthrex, Inc.
- Two amicus briefs were filed with the Court: the first by the New York Intellectual Property Law Association (NYIPLA) in American Axle & Manufacturing, Inc. v. Neapco Holdings LLC, and the second by a non-profit advocacy organization, US Inventor, Inc., in Akeva L.L.C. v. Nike, Inc.
- One new waiver of right to respond was filed by Iancu in Samaranayake v. Iancu.
- The Supreme Court denied the petition for writ of certiorari in the case of InfoBionic, Inc. v. Cardionet, LLC.
Here are the details.
Opinions & Orders – January 27, 2021
This morning, the Federal Circuit issued a precedential opinion in an international trade case and a nonprecedential opinion in a patent case. Here are the introductions to the opinions.
Recent Supreme Court Activity
Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit.
- Four new waivers of right to respond were filed with the Court.
- The Court denied the petitions for writ of certiorari in three cases.
Here are the details.
Update on Important Panel Activity
Here is this month’s update on activity in cases pending before panels of the Federal Circuit where the cases involve at least one amicus brief. We keep track of these cases in the “Other Cases” section of our blog. Today, with respect to these cases we highlight two dispositions, one new patent case, and new briefing in another patent case. Here are the details.
Recent Supreme Court Activity
Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit.
- One new amicus brief was filed by the New Civil Liberties Alliance in a case that has been granted certiorari, United States v. Arthrex, Inc.
- The Court granted the petition for certiorari in Minerva Surgical, Inc. v. Hologic, Inc.
- The Court received eight new petitions for writ of certiorari.
- Three new reply briefs were filed with the Court in the following cases: (1) adidas AG v. Nike, Inc., (2) Micron Technology, Inc. v. North Star Innovations, Inc., and (3) InfoBionic, Inc. v. Cardionet, LLC.
- One new amicus brief was filed in Argentum Pharmaceuticals LLC v. Novartis Pharmaceuticals Corporation by Jonathan Stroud
- Three new waivers of right to respond were filed with the Court.
- Lastly, the Court denied the petitions for writ of certiorari in ten cases.
Here are the details.
Opinions & Orders – January 13, 2021
This morning, the Federal Circuit issued five nonprecedential opinions: two in patent cases, one in a veterans case, one in a government contract case, and one in a trademark case. Here are the introductions to the opinions.
Opinion Summary – Veterans4You, Inc. v. United States
Yesterday, the Federal Circuit decided Veterans4You, Inc. v. United States, a veterans case we have been following because it attracted an amicus brief. Judge Clevenger authored a unanimous panel opinion reversing the Court of Federal Claim’s conclusion that the “printing mandate” of 44 U.S.C. § 501 applied to a solicitation at issue in the case and obligated Veterans Affairs to route the solicitation through Government Publishing Office. The Federal Circuit agreed with Veterans4You’s argument that, instead, § 501 applies only to the production of written or graphic published materials. According to the Federal Circuit, because the solicited goods at issue in this case did not fall within this category of materials, they do not fall within the printing mandate. This is our opinion summary.
Opinions & Orders – January 11, 2021
This morning, the Federal Circuit issued a precedential opinion in a government contract case involving veteran-owned small businesses. The court also issued six nonprecedential opinions in various cases: one dismissing an appeal from the Court of Federal Claims, two in government contracts cases, two in veterans cases, and one in a case appealed from the Merit Systems Protection Board. Here are the introductions to the opinions.