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Fed Circuit Yu v Apple Specialized Camera Claim Patent-Ineligible

Fed Circuit Yu v Apple Specialized Camera Claim Patent-Ineligible
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In re: Board of Trustees of Stanford Big Data Personalized Medicine is Abstract Idea

Saturday, March 13, 2021 In re: Board of Trustees of the Leland Stanford Junior University, Appeal no. 2020-1012 (Federal Circuit, March 11, 2021) a three judge panel of Prost, Lurie and Reyna affirmed the ruling by the Board of Appeals that the claims of U. S. Serial No. 13/445,925 are patent ineligible, as directed to an abstract idea with no further inventive step. I tend to think of Judges Reyna and Prost as being in favor of a broad interpretation of the Mayo/Alice test and Judge Lourie as being less happy with the test but bound to apply it. However in American Axle, Lourie and Chen voted to rehear the appeal en banc while Judge Prost voted not to. Here, Judge Reyna wrote for the panel.

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Chief Judge Leads Federal Circuit in Reconsidering its Appetite for Skinny Labels | Dechert LLP

To embed, copy and paste the code into your website or blog: The Chief Judge of the U.S. Court of Appeals for the Federal Circuit Sharon Prost, has quipped that, with her experience in both the legislative and judicial branches of government, she is a “walking separation of powers.” 1 Prior to her appointment to the Federal Circuit in 2001, where she has presided as chief since 2014, she served as a lawyer for the Senate, including as Senator Orrin Hatch (R-Utah)’s chief counsel on the Senate Judiciary Committee. With this resume, Judge Prost has amassed decades of exposure to and expertise with IP issues affecting the pharmaceutical industry.

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Federal Circuit Panel Rehears Skinny Label Case (GSK v Teva) | Rothwell, Figg, Ernst & Manbeck, P C

To embed, copy and paste the code into your website or blog: On February 23, 2021, a Federal Circuit panel of Chief Judge Prost, Judge Newman, and Judge Moore reheard oral argument in GlaxoSmithKline LLC v. Teva Pharms. USA, Inc. As discussed in our previous post, on February 9, 2021, the panel issued an order granting Teva’s petition for rehearing, vacating the prior October 2, 2020 judgment and withdrawing the October 2, 2020 opinion. The panel limited the oral argument to the issue of whether there is substantial evidence to support the jury’s verdict of induced infringement during Teva’s “skinny label” period from January 8, 2008 through April 30, 2011.

United statesTeva pharmsUnited states incSee glaxosmithklineFederal circuitChief judge prostJudge newmanJudge mooreJudge prostஒன்றுபட்டது மாநிலங்களில்தேவா ஃபார்ம்ஸ்ஒன்றுபட்டது மாநிலங்களில் இன்க்பார்க்க கிளாக்சோஸ்மித்க்லைன்கூட்டாட்சியின் சுற்றுதலைமை நீதிபதி ப்ராஸ்ட்நீதிபதி புதியவர்

Know Your En Banc Petition Process—How An En Banc Petition In GlaxoSmithKline v Teva Led To A New Panel Argument Without Apparent En Banc Action | Morrison & Foerster LLP - Federal Circuitry

To embed, copy and paste the code into your website or blog: Although argument week isn’t until next week, the Federal Circuit heard oral argument today in two cases. One was rescheduled from earlier this month for medical reasons. But the other, GlaxoSmithKline LLC v. Teva Pharmaceuticals USA, Inc., No. 18-1976, caught our eye because of how it came about procedurally. (It’s also super interesting substantively, but because we’re procedure nerds, we’re focusing on procedure today.) The case appears to represent the rare situation (first we’ve seen) where a Federal Circuit panel withdraws its own precedential opinion and asks for re-argument without public action by the en banc Court. And it provides a nice case study of how the rehearing process works at the Federal Circuit, so we thought we’d walk through it.

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