Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:
- an article and a blog post about two newly introduced bills in the Senate that would reform patent laws with respect to patent eligibility and the procedures for inter partes review;
- a blog post providing information and commentary on the recently released letter and order regarding the ongoing investigation into Judge Newman’s fitness to serve as a judge; and
- an article about an ongoing case involving patents “subject to conflicting rulings on their validity, setting the stage for a race to appeal the decisions at the Federal Circuit.”
Blake Brittain authored an article for Reuters highlighting two newly introduced bills in the Senate that would reform patent laws with respect to patent eligibility and the procedures for inter partes review. She noted that a “bipartisan group of U.S. senators introduced two new bills on Thursday to clarify standards for patent eligibility and modify procedures for challenging patents at the U.S. Patent and Trademark Office, both controversial issues in American patent law.” She highlights how the bill regarding patent eligibility “comes after the U.S. Supreme Court has declined to hear several cases delving into the question of what can be patented despite requests from the Biden and Trump administrations and judges on the patent-focused U.S. Court of Appeals for the Federal Circuit to provide more clarity.”
Eileen McDermott wrote a blog post for IPWatchdog also highlighting the newly introduced bills. She noted how if the bill related to eligibility “passes it will nullify all Supreme Court precedent relating to patent eligibility, and specifically overrule Mayo, Myriad and Alice.” She also pointed out that the “Federal Circuit and Supreme Court would need to start from scratch,” and she quoted IPWatchdog’s Gene Quinn as saying “that would be a very good thing because the Supreme Court has painted the entire industry into a corner and they refuse to modify, elaborate or clarify their nonsensical approach to patent eligibility.”
Dennis Crouch wrote a blog post for PatentlyO providing information and commentary on the recently released letter and order regarding the ongoing investigation into Judge Newman’s fitness to serve as a judge. He noted that the “court’s decision to refuse Judge Newman’s request for a public hearing” raises “questions about transparency and the public’s right to know about proceedings that could potentially impact the composition of the judiciary.”
Michael Shapiro authored an article for Bloomberg Law about an ongoing case involving patents “subject to conflicting rulings on their validity, setting the stage for a race to appeal the decisions at the Federal Circuit.” He remarks that the patents “are simultaneously both alive and dead, valid and invalid, until the appeals court rules.”