Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights comments on the Federal Circuit’s refusal to extend deference to decisions by the USPTO’s Precedential Opinion Panel, a note on a petition for en banc rehearing related to venue, an article about Apple’s transfer of $454 million to pay a judgment for patent infringement, and a summary of courts’ steps to prevent transmission of the novel coronavirus.
Scott Graham filed an article with Law.com commenting on how “[a] Federal Circuit panel flatly refused Wednesday to extend Chevron deference to decisions issued by the Patent Trial and Appeal Board’s Precedential Opinion panel.” As explained by Graham, “the decision will force the PTO to use more cumbersome notice-and-comment rulemaking, rather than POP decisions, to enact new procedures implementing the America Invents Act, if it wants them to be partly insulated from Federal Circuit review.” (We previously reported on the Federal Circuit’s holding and the additional views related to POP decisions.)
Law360 noted how this week “[t]he full Federal Circuit has been asked to reconsider whether Google servers in the Eastern District of Texas count as a ‘place of business’ that allows the tech titan to be sued there for patent infringement.” (We previously reported on the filing of the relevant petition for en banc rehearing.)
Tom Jowitt authored on article for Silicon.co.uk reporting that “Apple seems to have conceded defeat in its long-running patent infringement battle against patent licensing firm VirnetX Holdings.” As explained by Jowitt, “VirnetX issued a short statement last week that it has received a $454m payment from Apple for infringing its video-conferencing patents” following the Supreme Court’s rejection of a petition by Apple last month. (We previously reported on the denial of Apple’s petition. You can also find the relevant case page under our Supreme Court Petitions page.)
Debra Cassens Weiss highlighted in the ABA Journal how the Federal Circuit and other federal courts are “taking steps to thwart transmission of the novel coronavirus,” including by “barring people who don’t have official court business from entering courthouses.” (We have been providing updates on the Federal Circuits responses to the coronavirus pandemic, including the scheduling of telephonic hearings and the cancellation of its Judicial Conference.)