This morning the Federal Circuit issued an announcement reminding the public that its most recent amendments to its Rules go into effect today and apply to all cases filed or pending on or after today. Based on new provisions in the Rules, the Clerk of Court today also issued updated versions of the court’s forms, Electronic Filing Procedures, Guide for Oral Argument, and Guide for Unrepresented Parties. The Clerk also issued two notices, one establishing rates for taxation of costs and another addressing electronic filing for unrepresented parties. Here is the text of this morning’s announcement.
Here is an update on recent en banc activity at the Federal Circuit. Highlights include the filing of the opening brief in National Organization of Veterans Advocates, Inc. v. Secretary of Veterans Affairs, in which the Federal Circuit granted a petition for initial hearing en banc to address two questions related to jurisdiction and veterans law. As for petitions in patent cases, highlights include a new petition raising questions related to restriction requirements and patent term adjustments; a new response to a petition raising questions related to obviousness; a new invitation for a response to a petition raising questions related to injunctive relief; and the denial of three petitions raising questions related to claim construction, prevailing party status, and forum selection clauses. Here are the details.
- Two of Nike’s Flyknit Patents Prevail – Adidas was unable to prove two of Nike’s Flyknit technology patents were unpatentable as obvious.
- Parts of Shoe Illumination Patent Invalidated – In Shoes by Firebug LLC v. Stride Rite Children’s Grp., LLC, the court affirmed the PTAB’s decision finding the claims obvious.
- Federal Circuit Issues Modifications to Building Access Order – Limited building access now allowed on a case-by-case basis.
Here’s the latest.
On Friday, the Federal Circuit and Court of Federal Claims entered a joint order modifying their prior order of March 16, which limited access to the National Courts Building complex. The Federal Circuit also issued an announcement with additional information related to the order. Here are the details.
Only one case being argued next week at the Federal Circuit attracted an amicus brief, Amgen Inc. v. Watson Laboratories, Inc. In this case, Amgen, a patent owner, asks the Federal Circuit to force a district court to vacate its judgment of non-infringement in favor of a consent judgment of infringement. This is our argument preview.
- Supreme Court Rejects Challenge to Steel Tariffs – The Supreme Court cemented the Trump administration’s victory over steel and aluminum importers by denying cert for American Institute for International Steel, Inc. v. United States.
- Cert Denied in Rovi-Comcast ITC Dispute – The Supreme Court also upheld the International Trade Commission’s ruling against Comcast by denying Comcast Corp. v. International Trade Commission.
- Federal Circuit Backs Ford’s Design Patent Win – Ford wins big in automotive patent infringement case upholding the lower court’s decision in Ford Global Technologies, LLC v. New World International, Inc.
Here’s the latest.