FedCircuitBlog

This morning the Federal Circuit released a precedential opinion in a patent case appealed from the Eastern District of Virginia, concluding that the Patent Act requires an inventor to be a natural person. The Federal Circuit also released two nonprecedential orders. One dismisses an appeal for failure to prosecute; one grants the transfer of an appeal from the Eastern District of Pennsylvania to the Court of Appeals for the Third Circuit. Finally, the Federal Circuit released two Rule 36 judgments and an erratum. Here is the introduction to the opinion, text from the orders, and links to the Rule 36 judgments and erratum.

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:

• an article discussing a “bill introduced Tuesday by Sen. Thom Tillis, R-N.C., aimed at setting more precise rules on which inventions are eligible for patents”;
• another article explaining how the bill “clearly is intended to overrule” the Supreme Court’s recent cases addressing patent eligibility;
• a blog post addressing how “the PTO [will] be revisiting the test for patent subject matter eligibility”; and
• an article discussing a case before the Federal Circuit that involves “a shoemaking process with major implications for both the industry and patent law.”

Late yesterday and this morning the Federal Circuit released four nonprecedential orders granting motions to voluntarily dismiss appeals. Here are the links to the dismissals.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, there is no new activity to report since our last update. With respect to petitions, three new petitions were filed with the Court in takings cases. The government also waived its right to respond to petitions filed in two patent cases and one pro se case. Here are the details.

This morning the Federal Circuit released four nonprecedential opinions. The first comes in a case appealed from the Merit Systems Protection Board; the second and third come from two separate veterans cases appealed from the Court of Appeals for Veterans Claims; the fourth comes in a patent case appealed from the District of Delaware. Notably, in the patent case, Judge Dyk filed a concurring opinion. Here are the introductions to the opinions.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received a response to a petition raising a question related to the ability of a Federal Circuit panel to nullify or render advisory an earlier judgment of the court. The court also received an amicus brief supporting rehearing in a case raising questions related to the Federal Vacancies Reform Act and the grounds for inter partes review. Finally, the court denied a petition in a case raising questions related to the court’s grant of a petition for a writ of mandamus to order transfer of a case from the Western District of Texas to the Northern District of California. Here are the details.

This morning the Federal Circuit released a precedential opinion in a trade case appealed from the Court of International Trade; a nonprecedential opinion in a patent case appealed from the Patent Trial and Appeal Board; and a nonprecedential order dismissing an appeal. Here are the introductions to the opinions and a link to the dismissal.

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:

• an article discussing how many patent lawyers “interviewed . . . by The Texas Lawbook said that it is a mistake and miscarriage of justice to strip patent cases away from Judge Albright”;
• a blog post addressing how the “prior art history [of diagnostic patents] is irreconcilable with” a Federal Circuit panel’s conclusion that the patents are ineligible; and
• another article explaining how U.S. Senator “Tillis [plans] to introduce 101 reform legislation within weeks.”

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

This week is Court Week at the Federal Circuit, and here’s what you need to know. The court will convene just four panels to consider about 19 cases. Notably, none of this week’s cases attracted amicus briefs. Of the 19 cases, the court will hear oral arguments in 16. Here is a list of this week’s cases.