News

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 the Federal Circuit “affirmed the U.S. International Trade Commission (ITC)’s determination that [a] civil penalty . . . did not require modification or rescission following the subsequent invalidation of the asserted [patent] claims”;
  • another article explaining how “[t]he Federal Circuit upheld an administrative patent tribunal’s decision invalidating some parts of a patent related to infrastructure for hydraulic fracking”;
  • yet another an article assessing the “impact of [the Federal Circuit’s] TRUMP trademark ruling”; and
  • an last article detailing how “[t]he federal court in Delaware has instituted revised procedures to reassign Judge Leonard P. Stark’s busy caseload as he gets ready to join the Federal Circuit.”

Sadaf Deedar filed an article with IPWatchdog discussing how the Federal Circuit “affirmed the U.S. International Trade Commission (ITC)’s determination that [a] civil penalty . . . did not require modification or rescission following the subsequent invalidation of the asserted [patent] claims.” Deedar explained that “[t]he ITC imposed this civil penalty . . . for violating a consent order that prohibited unfair trade acts of infringement involving the now invalidated claims.”

Samantha Handler published an article with Bloomberg Law explaining how, in Cameron International v. Nitro Fluids L.L.C., “[t]he Federal Circuit upheld an administrative patent tribunal’s decision invalidating some parts of a patent related to infrastructure for hydraulic fracking.” Handler noted that the Federal Circuit “declined to adopt proposed claim constructions for some fracking terms.”

James P. Flynn and Kevin Elkins published an article in The National Law Review assessing the “impact of [the] TRUMP trademark ruling.” In the broader context of In re Elster, Flynn and Elkins discuss whether “someone [can] trademark another person’s name without that person’s consent.”

Rose Krebs authored an article for Law360 detailing how “[t]he federal court in Delaware has instituted revised procedures to reassign Judge Leonard P. Stark’s busy caseload as he gets ready to join the Federal Circuit.” Krebs specifically noted that, “[a]s the court prepares for Judge Stark’s departure, the message is clear: Delaware’s magistrate judges will be called on to ease the burden moving forward.” Moreover, she notes, “because more strain will be put on magistrate judges, mediation procedures are being significantly altered to clear up their schedule.”