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 Fifth Circuit “said it would ‘continue to disagree with the Federal Circuit’ over whether it has appellate jurisdiction over” appeals of Walker Process patent fraud cases;
- a blog post highlighting how patent law’s “defense of assignor estoppel has been in flux”; and
- a third article detailing how Koss Corp. is “vying to save one of its patents for wireless earphones and headphones that has been at the center of its infringement suits against Apple Inc. over its AirPods wireless earbuds.”
Christopher Yasiejko published an article with Bloomberg Law discussing how in Chandler v. Phoenix Services LLC the Fifth Circuit “said it would ‘continue to disagree with the Federal Circuit’ over whether it has appellate jurisdiction over” appeals of Walker Process fraud cases. The Federal Circuit had earlier ordered the case to be transferred to the Fifth Circuit.
Dennis Crouch wrote a blog post for PatentlyO highlighting how patent law’s “defense of assignor estoppel has been in flux.” Crouch commented on the Federal Circuit’s recent analysis of assignor estoppel in Hologic, Inc. v. Minerva Surgical, Inc., on remand from the Supreme Court.
Samantha Handler authored an article for Bloomberg Law highlighting how “Koss Corp. plans to appeal a Patent Trial and Appeal Board decision finding that some of its patent’s claims are obvious and not protectable.” Handler reports that this appeal follows “Apple and Koss settl[ing] the infringement suit on the eve of a trial scheduled in the US District Court for the Western District of Texas.”