Petitions / Supreme Court Activity

Recent Supreme Court Activity

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. In stark contrast to last week, it was a rather quiet week at the Court. Highlights include an additional amicus brief in Google LLC v. Oracle America, Inc., two responses to petitions, and one denial of a petition.

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Opinions

Today’s Opinions – January 21, 2020

This morning the Federal Circuit issued three Rule 36 judgments. Here is a list of the judgments.

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En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Notably, much of the activity relates in some way to Arthrex, Inc. v. Smith & Nephew, Inc. Highlights include three new petitions (including two petitions raising questions related to waiver of arguments similar to those made in Arthrex), a response in opposition to a petition also making arguments raised in Arthrex, briefing on a motion raising arguments related to Arthrex, requests for responses in three cases (including, notably, Arthrex itself), and the denial of two petitions raising questions related to patent eligibility. Here are the details.

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Petitions / Supreme Court Activity

Recent Supreme Court Activity

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. Highlights include the reply brief on the merits in Romag Fasteners, Inc. v. Fossil, Inc., four new petitions (two in patent cases and two in veterans cases), two responses to petitions (both related to patent eligibility), three reply briefs in support of petitions (in one patent case and two veterans cases), and supplemental briefs and a letter to the court in five cases as a result of the government’s amicus briefs related to patent eligibility in Hikma Pharmaceuticals USA Inc. v. Vanda Pharmaceuticals Inc. and HP Inc. v. Berkheimer. Here are the details.

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Opinions

Today’s Opinions – November 26, 2019

This morning the Federal Circuit issued one nonprecedential opinion in a patent case and one nonprecedential erratum. Here are the introductions.

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News

Recent News on the Federal Circuit

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights Reuters’ reporting on a recent Federal Circuit decision, an article about litigation funding firms “betting big” on a particular outcome at the Supreme Court, and recent comments on a pending petition for certiorari.

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Opinions

Today’s Opinions – November 22, 2019

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

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Argument Recap

Argument Recap – VirnetX Inc. v. Apple Inc.

Another case we’re following from the Federal Circuit’s October sitting is VirnetX Inc. v. Apple Inc., which involves review of a judgment of $502 million in damages for patent infringement. Here is a recap of the oral argument, which was held last Friday before Judges Lourie, Mayer, and Taranto.

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Court Week

Court Week – What You Need to Know

This week and next Monday the Federal Circuit will hold 17 panel hearings and hear oral arguments in about 47 cases. Notable cases include Evolved Wireless LLC v. ZTE (USA) Inc., In Re FCA US LLC, X2Y Attenuators, LLC v. Intel Corporation, Cardionet, LLC v. InfoBionic, Inc., and VirnetX Inc. v. Apple Inc.

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Argument Preview

Argument Preview – VirnetX Inc. v. Apple Inc.

Next week the Federal Circuit will hear arguments in VirnetX Inc. v. Apple Inc. For the third time in a series of cases brought by VirnetX, Apple is appealing a judgment of infringement. As explained in VirnetX’s brief, “[i]n this action . . . a jury found infringement by revised versions of VPN on Demand and FaceTime,” “finding . . . that VirnetX was entitled to $502 million in damages.”

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