FedCircuitBlog

Earlier this month, the Court heard oral argument in a patent case we have been following because it attracted three amicus briefs. The case, Micron Technology, Inc. v. Longhorn IP, LLC, raises questions relating to Idaho’s Bad Faith Assertions of Patent Infringement Act. Katana, the patent owner, sued Micron for infringement in federal district court. Longhorn, its licensing affiliate, was then sued by Micron in Idaho state court under the Act. Longhorn and Katana now appeal the district court’s order requiring an $8 million bond as a precondition to Katana pursuing its patent infringement claims. This is our argument recap.

Late yesterday, the Federal Circuit released a nonprecedential order dismissing an appeal. This morning, the Federal Circuit released one precedential opinion and two nonprecedential opinions. The precedential opinion comes in an appeal of a decision of the Merit Systems Protection Board. One of the nonprecedential opinions also comes in an appeal of a decision of the Merit Systems Protection Board, while the other comes in a pro se appeal of a decision of the Court of Appeals for Veterans Claims. Here are the introductions to the opinions and a link to the dismissal.

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today we highlight:

• an article suggesting that, in deciding President Trump’s tariff case, “Chief Justice John Roberts faces a defining challenge as he enters his third decade leading the Supreme Court”;
• an article considering “[w]hat alternatives” the Trump Administration might “pursue if the court strikes down its use of IEEPA”; and
• an article discussing how the Federal Circuit and the U.S. Patent and Trademark Office have provided “some key decisions and guidance” as companies “encounter opportunities to secure patents on their advances” when they use artificial intelligence.

Late yesterday, the Federal Circuit released a nonprecedential order dismissing an appeal. This morning, the Federal Circuit released one nonprecedential opinion. It comes in an appeal of a decision in an inter partes review proceeding by the Patent Trial and Appeal Board. Here is the introduction to the opinion and a link to the dismissal.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. Since our last update, we posted a recap of the oral argument in President Trump’s case pending at the Court. As for pending petitions, new petitions were filed in a patent case, a case originating at the Merit Systems Protection Board, and a pro se case; a reply brief was filed in support of a petition in a takings case; an amicus brief was filed in a trademark case; and the Court denied four petitions raising questions in two patent cases and two pro se cases. Here are the details.

This morning, the Federal Circuit released two nonprecedential opinions and two nonprecedential orders. One of the opinions comes in a patent infringement case appealed from the District of Oregon, and the other comes in a pro se case appealed from the Court of International Trade. The orders dismiss appeals. Here are the introductions to the opinions and links to the dismissals.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Since our last update, one new petition for en banc rehearing was filed, raising questions related to claim construction, patent eligibility, and appellate procedure. The court also denied four petitions for en banc rehearing. Those petitions raised questions related to the presumption of validity and the written description requirement, Rule 36, attorneys’ fees, and obviousness, and claim construction. Here are the details.

Earlier this month, the Federal Circuit Court heard oral argument in Crocs, Inc. v. International Trade Commission, a trademark case we have been watching because it attracted an amicus brief. In this case, Crocs appeals the International Trade Commission’s denial of a general exclusion order. This is our argument recap. 

This morning, the Federal Circuit released one precedential opinion, two nonprecedential opinions, and one nonprecedential order. The precedential opinion comes in a patent case on appeal from a judgment of a district court and addresses patent law’s written description requirement. Both nonprecedential opinions come in appeals of decisions of the Court of Appeals for Veterans Claims. The order dismisses an appeal. Here are introductions to the opinions and a link to the dismissal.

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today we highlight:

• an article commenting on how “[f]acts . . . matter and should play an important, even dominant, role” in President Trump’s tariffs case;
• an article arguing “the economic effects of the Supreme Court’s decision about the reach of the IEEPA may prove marginal at most” and, by contrast, “[i]t will be the legal precedent and the Court’s rationale that will matter most to the overall trajectory of presidential power”;
• an article suggesting that, “[i]f the president believes that global tariffs are in the national interest, he should take his case to Congress”; and
• a blog post suggesting U.S. Patent and Trademark Office Director John Squires “appears to be using institutional silence as a policy instrument to strengthen patent rights by avoiding substantive review.”