Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:
- an article about how “Apple and the U.S. Patent and Trademark Office have told the U.S. Supreme Court to reject [an] appeal claiming that Apple was wrongly allowed into patent challenges that doomed a $576 million judgment”; and
- a blog post highlighting the Federal Circuit’s “first precedential patent decision of 2024.”
Ryan Davis authored an article for Law360 about how, in VirnetX Inc. v. Mangrove Partners Master Fund, Ltd., “Apple and the U.S. Patent and Trademark Office have told the U.S. Supreme Court to reject [an] appeal claiming that Apple was wrongly allowed into patent challenges that doomed a $576 million judgment.” Davis notes how “Apple and the patent office filed separate briefs . . . arguing that there is no reason to grant cybersecurity company VirnetX’s September petition, which claims that the Federal Circuit ruling below ‘gutted’ the time limit for when inter partes review challenges can be filed.”
Dennis Crouch wrote a blog post for Patently-O highlighting “the first precedential patent decision of 2024: Dexcom v. Abbott Diabetes Care.” As explained by Crouch, the dispute involves the patentee’s “request[ for] an order barring Abbott from pursuing its IPR challenges–based upon a forum selection clause that was part of a prior settlement between the parties.”