Here is a report on recent news and commentary related to the Federal Circuit and its cases, including two articles related to patent eligibility and another related to the Federal Circuit’s use of summary affirmances.
IPWatchdog recently discussed INO Therapeutics LLC v. Praxair Distribution Inc., “the most recent exploration of Section 101 by the Federal Circuit,” in which “Chief Judge Sharon Prost authored a non-precedential opinion holding the claims of a patent for a method of administering inhaled nitric oxide (iNO) ineligible for patent protection under the Alice/Mayo framework,” while Judge Pauline Newman dissented and “repeatedly warned about the dangers of finding such patents ineligible.”
Also on IPWatchdog—and related to the issue of patent eligibility—Robert Sachs recently posted the first part of his study of five years of data after the “Supreme Court remade the law of patent eligibility in Alice Corp. Pty Ltd. V. CLS Bank Int’l.”
At PatentlyO, Dennis Crouch highlighted the recently-filed petition in Straight Path IP Group, LLC v. Apple, asking “Do No-Opinion Judgments by the Federal Circuit Violate Due Process”?