Featured / Opinions

Federal Circuit Releases Public Version of Sealed Opinion Addressing Standing in Patent Infringement Case

Yesterday the Federal Circuit released a public version of a sealed precedential opinion addressing statutory and constitutional standing in a patent infringement case. While released yesterday, the opinion was buried on the Federal Circuit’s website given the date assigned to it—the date the court released the sealed version of the opinion in October. Here is the introduction to the newly-released, public version of the opinion.

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Opinions

Opinions & Orders – November 24, 2021

This morning the Federal Circuit released one precedential opinion and two nonprecedential opinions. The precedential opinion comes in a patent case appealed from the Patent Trial and Appeal Board, and in it the court affirms the PTAB’s decision over a partial dissent by Judge Linn. The nonprecedential opinions come in a trademark case appealed from the Trademark Trial and Appeal Board and a veterans case appealed from the Court of Appeals for Veterans Claims. Here are the introductions to the opinions.

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Opinions

Opinions & Orders – November 23, 2021

This morning the Federal Circuit released three nonprecedential orders in what appear to be pro se cases. One order denied a petition for a writ of mandamus, one ordered transfer to the Third Circuit, and one dismissed a petition based on lack of jurisdiction. Here is relevant text from the three orders.

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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:

  • an article discussing the Federal Circuit’s trend of “directing Judge Alan Albright . . . to transfer a case to the Northern District of California”;
  • a blog post explaining how “the Federal Circuit reversed a finding of ineligibility for claims directed to a computer authentication method”;
  • an article assessing how the Federal Circuit “[a]ddress[ed] venue in the context of a Hatch-Waxman case” and “explained that sending a paragraph IV notice letter to a company in the district is insufficient to establish venue”; and
  • another article discussing a Federal Circuit ruling in a government contract case.
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Opinions

Opinions & Orders – November 22, 2021

The Federal Circuit did not release any opinions or orders this morning on its website.

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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 two orders in patent cases we have been tracking, one order denying a petition for a writ of mandamus related to transfer and another granting a motion to stay the appeal due to potential settlement. We also highlight two new patent cases that attracted amicus briefs. One case attracted an amicus brief addressing the law governing damages for willful infringement and the other attracted two amicus briefs supporting the idea that district courts should impose injunctions to prevent owners of standard essential patents from seeking exclusion orders to prevent infringement by importation. Here are the details.

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Opinions

Opinions & Orders – November 19, 2021

The Federal Circuit did not release any opinions or orders this morning on its website.

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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:

  • an article detailing “orders [that] are the latest in a recent series from the Federal Circuit disagreeing with Albright’s analysis of transfer requests”;
  • a blog post similarly discussing “[f]our new mandamus orders from the Federal Circuit stemming from Judge Alan Albright’s court in Waco Texas”;
  • another article emphasizing the “the importance of contract principles in arbitrability determination[s]”; and
  • another blog post explaining how “[t]he Federal Circuit [is] continu[ing] its stringent (if misguided) application of the scope of subject matter eligibility by invalidating claims.”
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Opinions

Opinions & Orders – November 18, 2021

This morning the Federal Circuit issued two nonprecedential opinions. The first opinion comes in a patent case appealed from the Patent Trial and Appeal Board, and it addresses the Board’s determination that claims are invalid for obviousness. The second opinion comes in veterans case appealed from the Court of Appeals for Veterans Claims, and it addresses the Board of Veterans’ Appeals denial of compensation to a veteran. Here are the introductions to the opinions.

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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. With respect to the Supreme Court’s October 2021 term, the Court still has not granted any petitions in cases decided by the Federal Circuit. Two new petitions, however, were filed with the Court: one in a trade case and one in a takings case. As for previously filed petitions, one brief in opposition and three reply briefs were filed with the Court in patent, Tucker Act, and takings cases. Additionally, the government filed a waiver of right to respond in a pro se patent case, and the Court denied a petition in another pro se case. Here are the details.

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