Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:
- an article about a supplemental brief filed at the Supreme Court asking the Court to “clarify the proper standard for reviewing questions of enablement under 35 U.S.C. § 112”;
- another article about a recent ruling by the Federal Circuit that “gives helpful guidance regarding how to defeat early-filed Section 101 patent subject matter eligibility challenges”; and
- a third article about an upcoming Federal Circuit case that will “address some major design patent issues.”
Steve Brachmann wrote an article for IPWatchdog about Amgen’s supplemental brief in support of its Supreme Court petition, which asks the Court to “clarify the proper standard for reviewing questions of enablement under 35 U.S.C. § 112.” Addressing the government’s amicus brief, which recommended the Court deny review, Brachmann addresses the Solicitor General’s argument “that Amgen’s characterization of enablement was ‘overly simplistic.’”
Brad Lytle, Noah Flaks, and Scott Daniels co-authored an article for IAM about a recent ruling by the Federal Circuit that “gives helpful guidance regarding how to defeat early-filed Section 101 patent subject matter eligibility challenges.” Lytle, Flaks, and Daniels explain how accused infringers have been successful filing motions to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) “an eye-popping one-half of the time” when attacking patent eligibility. As a result, they say, guidance was needed for patent owners.
Samantha Handler published an article for Bloomberg Law about the upcoming Federal Circuit case involving Columbia Sportswear North America Inc., which Handler says will “address some major design patent issues.” Handler reports that attorneys are hoping that the outcome of this case will “clarify when logos can help alleged infringers avoid liability and what part of the product matters for damages calculations.”