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 Federal Circuit judicial council brief that “pushes back on Judge Newman’s arguments that her colleagues should have recused themselves from the investigation, that she should have been allowed on the council and that the council was acting beyond its judicial duties by acting as an administrative body”; and
- another article about a recent decision from the Patent and Trademark Office “that limits the effect of a 2015 Federal Circuit decision regarding the dates of earlier inventions cited in patent applications.”
Dani Kass wrote an article for Law360 discussing a recent Federal Circuit judicial council brief that “pushes back on Judge Newman’s arguments that her colleagues should have recused themselves from the investigation, that she should have been allowed on the council and that the council was acting beyond its judicial duties by acting as an administrative body.” Kass discusses how the judicial council argues “they have justifiable medical concerns and law supporting their action” and how Judge Newman “can end the suspension by cooperating with their Judicial Conduct and Disability Act investigation.”
Annelise Gilbert authored an article for Bloomberg Law about a recent decision of the Patent and Trademark Office “that limits the effect of a 2015 Federal Circuit decision regarding the dates of earlier inventions cited in patent applications.” According to Gilbert, a precedential designation indicates “patents issued after the enactment of the 2011 America Invents Act aren’t subject to the appeals court’s Dynamic Drinkware LLC v. National Graphics Inc. opinion, which requires reference patent claims to have description support in their provisional application to be entitled to that application’s filing date.”