Featured / FedCircuitBlog

Welcome to Fed Circuit Blog

I’m excited to introduce you to Fed Circuit Blog, a project of the Tsai Center for Law, Science and Innovation at the SMU Dedman School of Law. This blog provides comprehensive coverage of activities and news related to the U.S. Court of Appeals for the Federal Circuit.

In several ways the Federal Circuit is a unique court. Given that it has exclusive jurisdiction over appeals in various types of federal cases, unless the Supreme Court reviews its opinions, these opinions govern nationwide.

The court’s exclusive jurisdiction includes appeals in patent cases. Given the impact of patents on the development and use of technology, the Federal Circuit holds an important place in the innovation ecosystem. As a result, Fed Circuit Blog will provide particular insight into the law governing patent cases and its impact on the innovation ecosystem. That said, Fed Circuit Blog will extend its coverage of the court to other areas of the court’s jurisdiction.

So exactly what information will Fed Circuit Blog provide?

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Opinions

Today’s Opinions – February 19, 2020

This morning the Federal Circuit issued one precedential opinion in a patent case and one precedential opinion in a Tucker Act case. Here are the introductions to the opinions.

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En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include four new petitions related to administrative law, enablement, collateral estoppel, and the doctrine of equivalents; two responses to petitions related to patent eligibility and transfer; one new amicus brief in support of a petition concerning non-obviousness; and the denial of three petitions related to non-obviousness, enablement, written description, and statutory experimental use. Here are the details.

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Opinions

Today’s Opinions – February 18, 2020

This morning the Federal Circuit did not issue any opinions.

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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 Oracle’s brief to the Supreme Court in Google LLC v. Oracle America, Inc., an argument that eBay Inc. v. MercExchange, LLC should be overruled, and the Federal Circuit’s recent ruling in In re Google LLC that Google’s servers do not establish venue.

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Panel Activity

Update on Important Panel Activity

As a reminder, once a month we provide an update on activity in patent cases pending before panels of the Federal Circuit where the cases involve at least one amicus brief. We keep track of these patent cases in the “Other Cases” section of our blog. (There we also highlight non-patent cases that attract amicus brief, but only once those cases have been scheduled for oral argument.) Today, with respect to patent cases, we highlight one new opinion, a recent oral argument, and three upcoming oral arguments.

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Opinions

Today’s Opinions – February 17, 2020

The Federal Circuit did not issue any opinions today in light of the federal holiday, Washington’s Birthday.

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Scholarship

Recent Scholarship Related to the Federal Circuit

This month we highlight four papers, two related to institutional design and two related to patent law. The first paper addresses the creation of specialized courts and why these courts persist. The second paper focuses on the problem of myopia in comparative institutional analyses of legal institutions and the need to incorporate comparative failure analysis. The third and fourth papers address patent law, respectively, the creation of a database to conduct empirical studies of patent litigation in U.S. district courts, and the U.S. Patent Office’s attempts to provide clarity in the area of patent eligibility through guidance documents. 

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Opinions

Today’s Opinions – February 14, 2020

This morning the Federal Circuit issued one precedential opinion in a trade case involving antidumping duties. Here is the introduction to the opinion.

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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 a news report on the Supreme Court temporarily staying a Federal Circuit mandate, a New York Times article discussing a recent denial of en banc rehearing, and comments by former Chief Judge Paul Michel on the Federal Circuit’s obviousness standard.

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Featured / What's Happening Now

Federal Circuit Grants Writ of Mandamus in In re Google LLC

As we reported earlier today, this morning the Federal Circuit issued a precedential order in In re Google LLC ordering that the case be dismissed or transferred from the United States District Court for the Eastern District of Texas for lack of venue. We have been tracking the case given the filing of an amicus brief in support of Google. As previously noted in our oral argument recap, Google petitioned the Federal Circuit for a writ of mandamus directing the district court to dismiss the case for lack of venue. The district court had found venue appropriate based on the presence of Google’s servers in the district. A panel of the Federal Circuit disagreed with that basis for venue, and Judge Wallach filed a concurring opinion. Here is a summary of today’s order and some reflections on both the panel’s decision and Judge Wallach’s concurrence.

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