Last week, the Federal Circuit issued its opinion in Monk v. Wilkie, a veterans case we have been tracking because it attracted five amicus briefs. The panel comprised of Judges Newman, Lourie, and Reyna unanimously affirmed a decision by the Court of Appeals for Veterans Claims that the petitioners in this case did not meet the commonality requirement for class certification. Judge Newman wrote the opinion, and Judge Reyna provided additional views in a separate opinion. Here is a summary of the opinions.
Opinions & Orders – October 23, 2020
This morning, the Federal Circuit issued a precedential opinion in a patent case, a precedential order denying a stay in a patent case, and a nonprecedential opinion in a patent case. The Federal Circuit also issued a Rule 36 judgment. Here are the introductions to the opinions, the text of the order, and a link to the Rule 36 judgment.
Recent Supreme Court Activity
This post summarizes recent activity at the Supreme Court in cases decided by the Federal Circuit.
- Two new reply briefs were filed with the Court, the first by Comcast in Comcast Cable Communications, LLC v. Rovi Guides, Inc., and the second by Duke in Duke University v. Biomarin Pharmaceutical Inc.
- The Court denied a total of three petitions this week: (1) Robles v. Wilkie, (2) Medina v. Federal Aviation Administration, and (3) B.E. Technology, L.L.C. v. Facebook, Inc.
Here are the details.
Opinions & Orders – October 21, 2020
This morning, the Federal Circuit issued a nonprecedential erratum. Here is the text of the erratum.
Recent En Banc Activity
Here is an update on recent en banc activity at the Federal Circuit. In one of the two pending en banc veterans cases, the Court invited the National Organization of Veterans Advocates to file an amended petition. In the other case, two amicus briefs were filed. With respect to petitions for en banc rehearing in patent cases, highlights include a new invitation to respond to a petition raising questions related to literal infringement and claim construction; a new amicus brief filed in a case raising questions related to prosecution history estoppel, vitiation, and reasonable royalties; and the denial of two petitions in cases raising questions related to patent marking, expert testimony, willful infringement, and inventorship. Here are the details.
Opinions & Orders – October 20, 2020
This morning the Federal Circuit issued a precedential opinion in a veterans case, a nonprecedential opinion in a patent case, and one nonprecedential order dismissing a petition for a writ of mandamus. Here are the introductions to the opinions and the text of the order.
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 three dispositions in patent cases addressing estoppel related to inter partes review, anticipation, and induced infringement; new briefing in another patent case related to standing; one recent oral argument in a patent case addressing personal jurisdiction; and four upcoming oral arguments in veterans and government contracts cases.
Recent En Banc Activity
Here is an update on recent en banc activity at the Federal Circuit. The en banc court heard oral argument in a veterans case last week. As for petitions for en banc consideration in patent cases, a new petition was filed in a case raising questions related to literal infringement and claim construction; the court invited a response to a petition raising a question related to sanctions; and the court denied two petitions, one in a pro se case and one raising a question related to non-obviousness. Here are the details.
Opinions & Orders – October 13, 2020
This morning the Federal Circuit issued a precedential opinion in a patent case and a nonprecedential opinion in a veterans case. Here are the introductions to the opinions.
Recent Supreme Court Activity
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.