Here is a report on recent news and commentary related to the Federal Circuit and its cases, including an article highlighting a recent case addressing a question of first impression, a commentary on the current stage of patent eligibility law, and a blog post related to a recent petition for certiorari.
Jan Wolfe reported for Reuters that in Curver Luxembourg, SARL v. Home Expressions, Inc. the Federal Circuit addressed “what it called a ‘question of first impression’ and an ‘atypical situation,’” ruling that “[j]udges considering the scope of a design patent can look to its claim language if it does not contain precise illustrations.”
At Law.com, Robert M. Brush commented on the current state of patent eligibility and how it may change with Congressional action looming, noting that since the Supreme Court’s ruling in Alice Corp. v. CLS Bank Int’l, the Federal Circuit “has issued more than 150 decisions regarding patent eligibility” and that “Congress is stirring” having this past May “released a draft of a bipartisan, bicameral bill that could redefine the kinds of inventions that can be patented.”
Dennis Crouch of Patently-O highlighted Technology Properties’ recent petition for certiorari in Technology Properties Limited LLC v. Huawei Technologies Co., noting that the petition asks “[w]hether the United States Court of Appeals for the Federal Circuit’s development and application of the doctrine of ‘prosecution history disclaimer’ is consistent with fundamental principles of separation of powers, the Patent Act, and long-established Supreme Court precedent,” and commenting that “[t]he most interesting aspect of the petition here is reliance on so many 19th century decisions by the Supreme Court.”