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 recently weighed in on the application of the [Administrative Procedure Act] in the context of two different [inter partes review proceedings;” and
- an article about a Supreme Court petition asking the Court “to reverse a ruling that made its patents ineligible for protection because they are too abstract.”
Robert High and Benjamin Saidman authored an article for Law360 discussing how the “Federal Circuit recently weighed in on the application of the APA in the context of two different IPRs.” High and Saidman highlighted Apple Inc. v. Corephotonics and Elekta Ltd. v. ZAP Surgical Systems Inc. as they discussed the APA requirements governing the U.S. Patent Trial and Appeal Board’s final written decisions in inter partes reviews.
Michael Shapiro wrote an article for Bloomberg Law about a Supreme Court petition asking the Court “to reverse a ruling that made its patents ineligible for protection because they are too abstract.” According to Shapiro, the petition in the case, Realtime Data v. Fortinet, is a “good vehicle for the high court to revisit Alice, which has been interpreted too broadly by the lower courts and led to an eleven-fold increase in decisions invalidating patents on abstractness grounds.”