FedCircuitBlog

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:

• an article commenting on the Federal Circuit’s recent decision that “only humans can be considered inventors under current U.S. patent laws”;
• an article about how the Federal Circuit “let a Turkish steel pipe producer off the hook in a years-long anti-dumping duties dispute”; and
• a third article about the Federal Circuit’s role in litigation surrounding property flooding in Houston during Hurricane Harvey.

This morning the Federal Circuit released two precedential opinions. The first comes in a patent case appealed from the Patent Trial and Appeal Board; the second comes in a veterans case appealed from the Court of Appeals for Veterans Claims. The Federal Circuit also released a nonprecedential opinion in a trade case appealed from the Court of International Trade. Finally, the Federal Circuit released three nonprecedential orders dismissing appeals. Here are the introductions to the opinions and links to the dismissals.

Only one case being argued next week at the Federal Circuit attracted an amicus brief. That case is Uniloc USA, Inc. v. Motorola Mobility LLC, which concerns Article III’s constitutional standing requirement in the context patent ownership. Specifically, in this case the Federal Circuit will review a district court’s determination that Uniloc USA, Inc. did not hold all exclusionary rights to the asserted patent for purposes of satisfying Article III’s standing requirement. This is our argument preview.

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:

• an article discussing how the “Federal Circuit rejected a call to clarify the test for when an idea is too abstract to be eligible for a patent”;
• another article noting “the Electronic Frontier Foundation (EFF)[‘s] . . . campaign against Senator Thom Tillis’ (R-NC) proposed ‘Patent Eligibility Restoration Act of 2022;’” and
• a blog post highlighting how the Federal Circuit rescinded its “order relating to the unsealing of materials filed in cases docketed ten or more years ago.”

This morning the Federal Circuit released a precedential opinion in a patent case appealed from the Patent Trial and Appeal Board. In its opinion, the court dismissed-in-part for lack of jurisdiction as to a cancelled claim and affirmed-in-part the Board’s determination that the remaining challenged claims are not patentable because they are obvious. The Federal Circuit also released three nonprecedential orders. One dismisses an appeal as frivolous; one summarily affirms; and one grants an unopposed motion to transfer an appeal from the Northern District of Texas to the Court of Appeals for the Fifth Circuit. Finally, the Federal Circuit released a Rule 36 judgment. Here is the introduction to the opinion, text from the orders, and a link to the Rule 36 Judgment.

Here is this month’s update on activity in cases pending before panels of the Federal Circuit where the cases involve at least one amicus brief. We keep track of these cases in the “Other Cases” section of our blog. Today, with respect to these cases we highlight a disposition in a veterans case, a brief filed by the government in a patent case raising a question related to the Appointments Clause, and an upcoming argument in another patent case raising questions related to standing. Here are the details.

This morning the Federal Circuit released two nonprecedential orders. One grants a joint motion to dismiss an appeal; one grants a motion to remand a case to the Merit Systems Protection Board. Here is text from the orders.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, Arellano filed his reply brief in Arellano v. McDonough. With respect to petitions, one new petition was filed with the Court in a Rule 36 case, three amicus briefs were submitted in a patent case, and a brief in opposition was submitted in the same patent case. Here are the details.

The Federal Circuit did not release any opinions or orders this morning on its website.

The Federal Circuit has scrapped its plan to unseal records in hundreds of cases. Last week, we reported how the Federal Circuit announced its intention to unseal a significant number of sealed paper case records and then send those records to the National Archives and Records Administration. The court directed parties to show cause why those records should not be unsealed and made available to the public. Late yesterday, however, the Federal Circuit announced it has issued a new order rescinding its show cause order. The court explained this reversal as “due to administrative impracticality.” Instead of unsealing these records, the court now indicates, the records “will be transferred in due course to the National Archives and Records Administration for permanent retention in their current state.” Here is the full text of the announcement as well as text from the accompanying, new order.