Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today we highlight:
- an article reporting “tips and stories during a day with the judges” at this year’s Federal Circuit Judicial Conference;
- an article criticizing the Federal Circuit’s recently released video as a “theme song” that is both “embarrassing and damning”;
- an article noting how “District Judge Alan D. Albright of the Western District of Texas [announced he] would leave the Western Texas bench by the end of this August”; and
- a blog post arguing that “[t]he IPR system, at least in its original form as a cost-effective alternative to district court litigation for challenging patent validity, is functionally suspended.”
Michael Shapiro drafted an article for Bloomberg Law reporting “tips and stories during a day with the judges” at this year’s Federal Circuit Judicial Conference. Shapiro noted how the “Federal Circuit recommended amicus briefs that show how the court might clarify a distinct legal issue to increase the likelihood of an en banc review,” for example. Shapiro also noted that Chief Judge Moore played “a Schoolhouse Rock-style video” when discussing the court’s “museum-like center [that] typically hosts scheduled school field trips where students can learn about the history of the court and its building and participate in mock trial events.”
Joe Patrice wrote an article for Above The Law criticizing the Federal Circuit’s recently released video as a “theme song” that is both “embarrassing and damning.” Patrice explained that “[i]t opens on a cartoon monkey riding a rocket ship, then an uncharacteristically spry Ronald Reagan leads a conga line, and the court flexes about its authority over international trade policy right as the current administration screams bloody murder over tariffs.”
Steve Brachmann authored an article for IPWatchDog noting how “District Judge Alan D. Albright of the Western District of Texas [announced he] would leave the Western Texas bench by the end of this August.” Reflecting on his tenure, Brachmann highlighted how Western District of Texas “Judge Albright’s tenure on the federal bench has been marked by consistent struggles with appellate rulings at the Federal Circuit, especially with regards to his rulings on motions to transfer venue.”
Dennis Crouch published a blog post for PatentlyO arguing that “[t]he IPR system, at least in its original form as a cost-effective alternative to district court litigation for challenging patent validity, is functionally suspended.” The author pointed out how USPTO Director Squires has “proceeded to deny petitions at a rate approaching zero.” Crouch says that, “if IPR petitions are denied at the front end regardless of merit, the cost-benefit calculus no longer works.”