Posts filtered by tags: U.S. Court of Appeals for the Federal Circuit[x]


 

Argument preview: Justices to tackle important agency-deference question

Editor’s Note: An earlier version of this post ran on January 28, 2019, as an introduction to this blog’s symposium on Kisor v. Wilkie, as well as at Howe on the Court, where it was originally published. Next week the Supreme Court will hear oral argument in Kisor v. Wilkie, which arises from a dispute over benefits for a Marine who served in the Vietnam War. Although it may sound dry, the case could be one of the most consequential of the term, because the justices will decide whether to over...
Tags: Featured, Supreme Court, Law, Congress, Court, Marines, Va, Chevron, Robbins, Thomas, Antonin Scalia, APA, John Roberts, Scalia, Howe, Clarence Thomas


Petitions of the week

This week we highlight petitions pending before the Supreme Court that address, among other things, whether the time limit for seeking review in the U.S. Court of Appeals for the Federal Circuit under 5 U.S.C. § 7703(b)(1)(A) can be extended, the constitutional limitation on venue selection in a criminal trial, and whether a federal court must grant a motion for a judgment of acquittal when the evidence is in equipoise. The petitions of the week are: Graviss v. Department of Defense 1...
Tags: Supreme Court, Law, Department Of Defense, United States, Hoffman, U S Court of Appeals for the Federal Circuit, Renteria, Cases in the Pipeline, Graviss


Justices add patent-fees case to next term’s docket

This morning the Supreme Court issued orders from last week’s conference, adding a new case involving fees in patent cases to its docket. Under federal law, an unsuccessful patent applicant who wants a court to review the denial of his patent by the U.S. Patent and Trademark Office has two options. He can go to the U.S. Court of Appeals for the Federal Circuit, which will review the denial based on the same record that the USPTO used. Or he can go to federal district court, which will let him ad...
Tags: Featured, Supreme Court, Law, Court, Indiana, Missouri, Lgbtq, U S Supreme Court, Morristown, Howe, New Jersey Supreme Court, U S Patent and Trademark Office, Trinity Lutheran Church, Samuel Alito, Kavanaugh, U S Court of Appeals for the Federal Circuit


United States: What Is The Key To Unlocking The Federal Circuit's Divided Infringement Test? - Wolf, Greenfield & Sacks, P.C.

In Travel Sentry Inc. v. Tropp, 877 F.3d 1370 (Fed. Cir. 2017), the U.S. Court of Appeals for the Federal Circuit shed some light on how to apply the divided infringement standard set forth
Tags: News, United States, Fed, Federal Circuit, U S Court of Appeals for the Federal Circuit, Tropp, Wolf Greenfield, Travel Sentry Inc


Relist Watch

John Elwood reviews Monday’s relists. With the recent reduction in trusted sources for Supreme Court news, untrusted news sources must do our best to fill the gap. So even though I have an argument approaching, I will once again try to rise to the occasion. Happily for me, it’s a light week for relists. First the old business. The court finally resolved that tangle of 56 Armed Career Criminal Act cases pretty much the way I expected. Otherwise, from last week’s installment, we had one denial, ...
Tags: Featured, Supreme Court, Law, Congress, Virginia, Freedom, Alabama, Indiana, Dhs, Kanye West, United States, Wheeler, Kansas, Louisiana, Nielsen, Naacp


United States: Federal Circuit Affirms PTAB Decision Upholding UCB's Patent Covering Toviaz - Fenwick & West LLP

Law360 reported that the U.S. Court of Appeals for the Federal Circuit upheld the PTAB's decision that UCB Pharma GmbH's patent covering the drug Toviaz® was correctly upheld in an IPR challenge from
Tags: News, United States, UCB, Federal Circuit, U S Court of Appeals for the Federal Circuit, IPR, PTAB, West LLP, UCB Pharma GmbH, Toviaz Fenwick


Argument preview: Justices to consider ability of government to challenge patents in administrative process

(Kevin Payravi, Wikimedia Commons) The justices have a light calendar for the first week of the February session, with only two cases set for argument. The first of the pair is Return Mail Inc. v. U.S. Postal Service, the lone Tuesday argument. Return Mail is a simple statutory case asking the justices to resolve another of the seemingly endless flow of drafting problems arising out of Congress’ 2011 patent-reform bill, the Leahy-Smith America Invents Act (usually called the AIA). The questio...
Tags: Featured, Supreme Court, Law, Congress, United States, Postal Service, AIA, U S Postal Service, PTO, Trademark Office, U S Court of Appeals for the Federal Circuit, U S Court of Federal Claims, International Trade Commission, Merits Cases, Leahy Smith America, Return Mail


Symposium: Government agencies shouldn’t get to put a thumb on the scales

Jonathan H. Adler is the Johan Verheij Memorial Professor of Law and Director of the Center for Business Law and Regulation at the Case Western Reserve University School of Law. He joined an amicus brief with the Cato Institute, Professors Richard Epstein and Michael McConnell, and Cause of Action Institute in support of the petitioner in Kisor v. Wilkie. He is the author of , on which portions of this essay are based. All James Kisor may want is for the Department of Veterans Affairs to alter ...
Tags: Featured, Supreme Court, Law, Congress, Va, Chevron, King, Robbins, Antonin Scalia, APA, John Roberts, Thomas Jefferson University, Cato Institute, Clarence Thomas, Burwell, Jonathan H Adler


Symposium: Reverse Seminole Rock and Auer

Elizabeth Murrill is the solicitor general of Louisiana, which joined Utah and 17 other states in a cert-stage amicus brief urging the court to grant Kisor v. Wilkie and overrule Seminole Rock and Auer. To build support for the proposed Constitution, Alexander Hamilton in Federalist No. 17 reassured the people of New York that “[i]t will always be far more easy for the State governments to encroach upon the national authorities, than for the national government to encroach upon the State authori...
Tags: Utah, New York, Featured, Supreme Court, Law, Congress, Marine, Va, Louisiana, Northwest, Hamilton, Robbins, Department Of Education, Antonin Scalia, APA, Decker


Justices to tackle important agency-deference question: In Plain English

This spring the Supreme Court will hear oral argument in Kisor v. Wilkie, a case that arises from a dispute over benefits for a Marine who served in the Vietnam War. Although it may sound dry, the case could be one of the most consequential ones of the term, because the justices will decide whether to overrule a line of cases instructing courts to defer to an agency’s interpretation of its own regulation – a doctrine sometimes known as “Auer deference.” The Supreme Court’s ruling could have a si...
Tags: Featured, Supreme Court, Law, Congress, Marines, Va, Chevron, Robbins, Thomas, Antonin Scalia, John Roberts, Scalia, Howe, Clarence Thomas, Samuel Alito, Anthony Kennedy


Opinion analysis: Justices affirm ruling that secret sales of invention bar later patent

This morning’s decision in Helsinn Healthcare v. Teva Pharmaceuticals, the Supreme Court’s first patent case of the year, breaks no new ground. Justice Clarence Thomas’ opinion for a unanimous court holds that Congress’ 2011 revisions to the Patent Act, however important they might be in some areas, did not displace the long-standing rule that commercial exploitation of a patentable invention “bars” a later patent – even if the inventor manages to sell the patentable item without disclosing the ...
Tags: Featured, Supreme Court, Law, Congress, United States, AIA, Thomas, Clarence Thomas, Samuel Alito, Teva, Federal Circuit, U S Court of Appeals for the Federal Circuit, Merits Cases, Leahy Smith America, Helsinn, Art Lien


The justices return, without Ginsburg or any new grants (Updated)

[Editor’s Note: This post was updated to cover the four cases in which the Supreme Court asked the U.S. solicitor general to file briefs.] The justices returned to the bench today for the first arguments of the new year. Justice Ruth Bader Ginsburg, who had surgery on December 21 to remove two cancerous growths from her lungs, was not on the bench this morning; a court spokeswoman indicated that she would still participate in today’s cases based on the briefs and transcripts. The justices issued...
Tags: Texas, Featured, Supreme Court, Law, Virginia, New York City, Court, Georgia, Indiana, United States, Citigroup, Argentina, Ohio, Atkins, Lgbtq, Ruth Bader Ginsburg


U.S. Supreme Court rejects Amgen over cholesterol medication patent fight

The justices turned away Amgen's appeal of a 2017 decision by a lower court to set aside a jury's verdict that two Amgen patents were valid and nullify a ban on sales of Regeneron and Sanofi SA's cholesterol-lowering drug Praluent. Amgen had argued that the U.S. Court of Appeals for the Federal Circuit misunderstood the statutory requirements for patenting an invention. Praluent is an injectable biopharmaceutical drug approved by the FDA in 2015 to treat high cholesterol in patients whose chol...
Tags: Science, Fda, U S Supreme Court, Amgen, U S Court of Appeals for the Federal Circuit, Sanofi SA, Regeneron, Praluent Amgen


More on today’s orders

This afternoon the justices issued orders from their private conference earlier in the day. In addition to the two partisan-gerrymandering cases set for argument in the March session, the justices also granted review in four other new cases, involving issues ranging from “immoral” copyright marks to  vagueness in a federal criminal law. In Iancu v. Brunetti, the justices will take up a First Amendment challenge to a federal law that bans the registration of “immoral” or “scandalous” trademarks. ...
Tags: Featured, Supreme Court, Law, United States, Davis, Dallas, Howe, U S Court of Appeals, Glover, U S Patent and Trademark Office, U S Court of Appeals for the Federal Circuit, Brunetti, Taggart, Lorenzen, Merits Cases, Iancu


United States: Podcast Series: Last Month At The Federal Circuit - December 2018 - Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

Welcome to the Last Month at the Federal Circuit—a look at recent decisions from the U.S. Court of Appeals for the Federal Circuit impacting the intellectual property community
Tags: News, United States, Federal Circuit, U S Court of Appeals for the Federal Circuit, Finnegan Henderson Farabow Garrett, Dunner LLP


Justices release February argument calendar

The Supreme Court . The justices will hear eight hours of oral argument over five days, including in two of the highest-profile cases of the term so far, involving factfinding in the dispute over the decision to add a question about citizenship to the census and a challenge to the constitutionality of a cross on public land. The February sitting begins on February 19 with Department of Commerce v. U.S. District Court for the Southern District of New York, the census case. The case has its ro...
Tags: New York, Featured, Maryland, Supreme Court, Law, Washington, United States, Commerce, Celtic, Va, Department Of Justice, Ross, Gray, Gore, American Legion, Trump


One new grant, one dissent from the denial of review

Last week the justices added one new case to their merits docket for the term – a relatively obscure maritime-law case. Somewhat unexpectedly, they added another new case today that will almost certainly have a much higher profile, at least in the legal world: Kisor v. Wilkie, in which the Supreme Court will consider whether to overrule a line of cases instructing courts to defer to an agency’s interpretation of its own regulation. The court’s ruling could have significant implications for admin...
Tags: Featured, Supreme Court, Law, Planned Parenthood, Va, Medicaid, Robbins, Thomas, The Supreme Court, Howe, Andersen, Clarence Thomas, Samuel Alito, Department of Veterans Affairs, U S Court of Appeals for the Federal Circuit, Wilkie


Argument analysis: Justices debate revised language in patent-priority statute

This morning’s argument in Helsinn v. Teva Pharmaceuticals brought the justices their first patent case of the year. As expected, this argument included little of the technical concerns that so often dominate patent cases.  This case comes to the court as a simple and confined question of statutory language, and the argument suggested that the court will resolve it from that perspective. The dispute involves provisions of the Patent Act that “bar” an inventor from obtaining a patent if the inven...
Tags: Featured, Law, Congress, AIA, Sonia Sotomayor, Stewart, Stephen Breyer, Kagan, Samuel Alito, Teva, Kavanaugh, U S Court of Appeals for the Federal Circuit, Teva Pharmaceuticals, Merits Cases, Leahy Smith America, William Jay


United States: Podcast: November 2018 - Last Month At The Federal Circuit Podcast Series - Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

Welcome to the Last Month at the Federal Circuit—a look at recent decisions from the U.S. Court of Appeals for the Federal Circuit impacting the intellectual property community.
Tags: News, United States, U S Court of Appeals for the Federal Circuit, Finnegan Henderson Farabow Garrett, Dunner LLP


Argument preview: Of patents, prior art and secret sales

It should surprise nobody that the Leahy-Smith America Invents Act (universally described as the AIA) produces a steady diet of statutory interpretation problems for the Supreme Court to consider. After all, it is by any account the most important revision of our patent laws in a generation, fundamentally reshaping major pieces of the institutional arrangements under which we issue and enforce patents. Next Tuesday’s argument in Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA Inc. presents ...
Tags: Featured, Supreme Court, Law, Congress, United States, AIA, Amgen, Teva, Federal Circuit, Teva Pharmaceuticals USA Inc, U S Court of Appeals for the Federal Circuit, Alice Corp, Sandoz, Merits Cases, Leahy Smith America, Helsinn




United States: The Intersection Of Trade Dress And Design Patents In Product Design - Smith Gambrell & Russell LLP

On October 30, 2018, the U.S. Court of Appeals for the Federal Circuit vacated and remanded the International Trade Commission's decision regarding the trade dress infringement of Converse's design in its Chuck Taylor shoes
Tags: News, United States, U S Court of Appeals for the Federal Circuit, International Trade Commission, Russell LLP, Smith Gambrell


United States: Assignor Estoppel And IPR's: Possible Impact Of Arista v. Cisco On Employment Agreements And Assignment Agreements - Oblon, McClelland, Maier & Neustadt, L.L.P

In a November 9, 2018 decision, the U.S. Court of Appeals for the Federal Circuit ruled that the doctrine of assignor estoppel does not apply in the inter partes review (IPR) context
Tags: News, Cisco, United States, Arista, U S Court of Appeals for the Federal Circuit, IPR, Neustadt, Oblon McClelland Maier


United States: Risks Of Waiting To File An IPR Following Click-To-Call - Wolf, Greenfield & Sacks, P.C.

The U.S. Court of Appeals for the Federal Circuit held in a recent en banc decision that the one-year time limit that an accused infringer has to request an inter partes review
Tags: News, United States, U S Court of Appeals for the Federal Circuit, Wolf Greenfield


United States: §102(B) Printed Publication: Unrestricted Distribution At A Trade Show - Mintz

The U.S. Court of Appeals for the Federal Circuit opinion issued on November 1, 2018 clarifies the standard for a document to qualify as a "printed publication" under pre-AIA 35 U.S.C. §102(b)
Tags: News, United States, U S Court of Appeals for the Federal Circuit


United States: The Federal Circuit Provides Guidance For Obviousness Decisions At The PTAB: Provide An Explanation And Be Consistent - Osha Liang LLP

In Emerson Electric Co. v. SIPCO, LLC, No. 2017-1866 (Fed. Cir. August 29, 2018), the U.S. Court of Appeals for the Federal Circuit provides valuable guidance for panels of judges at the USPTAB.
Tags: News, United States, Emerson Electric Co, Federal Circuit, U S Court of Appeals for the Federal Circuit, Fed Cir, Osha Liang LLP, SIPCO LLC


United States: Federal Circuit Affirms Veteran-Owned Small Businesses Are The VA's First Priority - Sheppard Mullin Richter & Hampton

The U.S. Court of Appeals for the Federal Circuit recently affirmed a May 2017 Court of Federal Claims decision requiring the U.S. Department of Veterans Affairs ("VA") to give veteran-owned small businesses first priority before purchasing from the AbilityOne Program.
Tags: News, United States, Va, Hampton, Federal Circuit, U S Court of Appeals for the Federal Circuit, U S Department of Veterans Affairs VA, Mullin Richter


Relist Watch

John Elwood reviews Monday’s relists. We at Relist Watch tend to prefer the obscure to the obvious – we like the shadow docket shadowy. So we are not going to start this week’s edition talking about such subjects as the three new cases the Supreme Court agreed to review from among last week’s relists. No, we are laser-focused on the truly important stories of the day. Our lead story this week is that Justice Sonia Sotomayor managed to get out an opinion respecting denial in Townes v. Alabama by ...
Tags: Featured, Fcc, Mississippi, Supreme Court, Law, Obama, Congress, California, Planned Parenthood, Virginia, Alabama, United States, Federal Communications Commission, Va, Kansas, Miami


Relist Watch

John Elwood (barely) reviews Monday’s likely relists. I’m preparing for an argument, so this week’s update will be brief. There’s been a lot of movement on last week’s relists. On Friday, the Supreme Court granted review in the twice-relisted Manhattan Community Access Corporation v. Halleck , 17-1702, which asks whether the private operator of a public access TV channel is a “state actor” for constitutional purposes. And on Monday, Justice Sonia Sotomayor (joined by Justice Ruth Bader Ginsburg...
Tags: Featured, Supreme Court, Law, Congress, California, Virginia, United States, Federal Communications Commission, Va, Kansas, Miami, Ohio, Atkins, Oklahoma, ANN, Ruth Bader Ginsburg


United States: Federal Circuit Affirms Trade Conference Catalog Qualifies As Prior Art - Jones Day

On September 13, 2018, the U.S. Court of Appeals for the Federal Circuit affirmed a decision by the USPTO PTAB that the claims in U.S. Patent 8,714,977 are unpatentable as being anticipated by a product catalog
Tags: News, United States, U S Court of Appeals for the Federal Circuit, Federal Circuit Affirms Trade Conference Catalog