Here is a report on recent news and commentary related to the Federal Circuit and its cases, including news related to the Federal Circuit’s October hearings, a recent petition for certiorari and an amicus brief in a case pending before a panel, and an analysis of how diagnostic inventions are faring at the court.
The Federal Circuit announced it plans to hold hearings in Dallas-Fort Worth at the Earle Cabell Federal Building & United States Courthouse, SMU Dedman School of Law, and Texas A&M University School of Law on October 1 and 2.
Relatedly, as reported on the Northern District of Texas Blog, the Dallas Bar Association’s Intellectual Property Law Section will host the Federal Circuit judges at a celebration of the IP Section’s 25th anniversary on October 1.
At PatentlyO, Dennis Crouch commented on the recent petition for certiorari in Time Warner Cable, Inc. v. Sprint Communications Co., noting that “[t]he petitioner here calls BS” on the Federal Circuit’s conclusion “that apportionment is implicitly achieved by applying the Georgia-Pacific factors ‘under proper instructions.’”
The Cato Institute’s William Yeatman and Ilya Shapiro note that they recently filed an amicus brief at the Federal Circuit in American Institute for International Steel v. United States arguing that the Court of International Trade “mistakenly assumed that federal courts may not conduct any oversight of the president’s regulatory powers over international trade.”
On Law360, Vanessa Yen, Evan Diamond and Julia Kolibachuk discuss “the trend of the Federal Circuit invalidating claims to diagnostic inventions” and “the continuing challenges facing innovators attempting to protect technology related to diagnostic inventions.”