Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:
- an article discussing a recent decision by the Federal Circuit addressing estoppel in inter partes review proceedings; and
- a blog post highlighting a view that the Federal Circuit has taken a “new approach to venue transfer petitions” in patent cases.
Roy Wepner wrote an article for IP Watchdog discussing the recent decision by the Federal Circuit in Softview LLC v. Apple Inc. addressing estoppel in inter partes review proceedings. According to Wepner, the Federal Circuit “narrowly construed” 37 C.F.R. § 42.73(d)(3)(i) “to apply only to newly issued claims and amended claims, but not to existing, unamended claims.” Wepner compares the Federal Circuit’s decision to a similar provision applicable to trademark registrations.
Dennis Crouch authored a blog post highlighting his view that the Federal Circuit has taken a “new approach to venue transfer petitions” in patent cases. Crouch suggests the Federal Circuit’s recent order in In re Apple “continues a recent new trend of reduced judicial scrutiny” over Western District of Texas “Judge Albright’s decision-making — particularly venue issues.” According to Crouch, it “stands in contrast to some earlier Federal Circuit decisions that seemed more inclined to grant mandamus relief in similar circumstances.”