FedCircuitBlog

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today we highlight:

• a blog post reporting how the New Civil Liberties Alliance filed a reply brief at the Supreme Court on behalf of Judge Newman;
• a blog post highlighting how “a unanimous court rejected the idea that a generics pharmaceutical manufacturer . . . can be held responsible for infringements of patents held by the branded manufacturer . . . based on the decisions of doctors and pharmacies to use the generic compound for patented uses of the drug”;
• a blog post explaining how, when “[c]onfronted with four patents drawn to the same basic invention, the Federal Circuit held one group of claims ineligible and a second group eligible”; and
• a blog post discussing how “more than a dozen patent matters now sit before the [Supreme] Court.”

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. In the only pending case, a patent case addressing inducement of infringement and so-called skinny-labeling, we are waiting for the Court to issue its decision. As for pending petitions, since our last update, two new petitions were filed in a patent case and a pro se case; two waivers of the right to respond to petitions were filed in a patent case and a pro se case; one reply brief was filed in a trade case; seven amicus briefs were filed in a patent case; and the Supreme Court denied three petitions in a takings case, a veterans case, and a pro se case. Here are the details.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. In the only pending case, a patent case addressing inducement of infringement and so-called skinny-labeling, we have posted our argument recap. As for pending petitions, since our last update, two new petitions were filed; three waivers of the right to respond to petitions were filed; four briefs in opposition were filed; two reply briefs were filed; and the Supreme Court denied a petition. Here are the details.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. In the only pending case, a patent case addressing inducement of infringement and so-called skinny-labeling, oral argument took place in late April. As for pending petitions, since our last update, six new petitions were filed; three waivers of the right to respond to petitions were filed; three briefs in opposition were filed; three reply briefs were filed; two amicus briefs were filed; and the Supreme Court denied petitions in five cases. Here are the details.

This morning the Federal Circuit released one nonprecedential opinion and two nonprecedential orders dismissing appeals. The opinion comes in a pro se appeal of a decision of the Merit Systems Protection Board. Here is the introduction to the opinion and links to the dismissals.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Since our last update, one new petition for en banc rehearing was filed, raising a question regarding claim construction; one new response was filed in another case raising a different question regarding claim construction; and the Federal Circuit denied two petitions for en banc rehearing, both raising questions related to transfer. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Since our last update, two new petitions for en banc rehearing have been filed in two related cases. Both petitions raise questions related to the law governing motions to transfer venue. The Federal Circuit also denied three petitions for en banc hearing raising questions concerning the identification of real parties in interest in inter partes review proceedings, estoppel based on inter partes review, and the test for design patent infringement. Here are the details.

This morning, the Federal Circuit released two nonprecedential opinions, eleven nonprecedential orders, and a Rule 36 judgment. One of the opinions comes in a pro se case in an appeal from the Merit Systems Protection Board, while the other comes in an appeal from the Court of Appeals for Veterans Claims. Six of the orders deny petitions for writs of mandamus. Two of these denials come in patent cases. Another four orders dismiss appeals. Here are the introductions to the opinions and the orders other than the dismissals, along with links to the dismissals and Rule 36 judgment.