FedCircuitBlog

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. The only new activity this week was a new brief in opposition filed in a pro se case. Here are the details.

This morning the Federal Circuit announced that it has released materials in its investigation related to Judge Newman. Most notably, the materials include a report and recommendation of the special committee unanimously recommending “a further one-year sanction during which Judge Newman will not be permitted to hear cases at the panel or en banc level, subject to renewal if the refusal to cooperate found here continues after that time and subject to modification or rescission if Judge Newman alters her conduct and begins to cooperate with the Committee.” Here is the full text of today’s announcement with links to the released material.

This morning the Federal Circuit released three nonprecedential opinions and four nonprecedential orders. The first opinion affirms a judgment of the Patent Trial and Appeal Board, the second affirms a dismissal by the Court of Federal Claims for lack of jurisdiction, and the third affirms a judgment of the Office of Personnel Management. The first order transfers an appeal to the Court of Appeals for the Second Circuit, and all the other orders are dismissals. Here are the introductions to the opinions and the first order and links to the dismissals.

Earlier this month, the Federal Circuit heard oral argument in AliveCor, Inc. v. International Trade Commission, a patent case that attracted seven amicus briefs. In this case the Federal Circuit is reviewing a judgment of the International Trade Commission in a patent infringement dispute between AliveCor, Inc. and Apple Inc. Judges Hughes, Linn, and Stark heard the argument. This is our argument recap.

Here is an update on recent en banc activity in patent cases at the Federal Circuit. Highlights include two new petitions raising questions concerning a court’s responsibility to scrutinize a patentee’s reliance on supposedly comparable licenses and claim construction matters. The court also denied two petitions raising questions related to claim construction and summary judgment. Here are the details.

This morning the Federal Circuit released three nonprecedential opinions and ten nonprecedential orders. The first opinion affirms a judgment of the Patent Trial and Appeal Board; the second vacates and remands a judgment of the Patent Trial and Appeal Board; and the third reverses and remands another judgment of the Patent Trial and Appeal Board. The first order denies petitions for writs of mandamus, while the second transfers an appeal to the Central District of California. All of the other orders are dismissals. Here are the introductions to the opinions and first two orders and links to the other orders.

This morning the Federal Circuit released one precedential opinion and seven nonprecedential orders. The opinion comes in a inter partes review proceeding appealed from the Patent Trial and Appeal Board. The first order denies a petition for a writ of mandamus seeking to order the Western District of Texas to transfer a case or, in the alternative, to stay proceedings pending a ruling on a motion to dismiss for improper venue and lack of personal jurisdiction. The second order vacates and remands a district court judgment in light of a recent decision of the Supreme Court. The third transfers an appeal to the Sixth Circuit. The fourth grants a joint motion to remand a case to the Court of Appeals for Veterans Claims. Two of the remaining orders are dismissals, and the last is an erratum. Here are the introductions to the opinion and first four orders and links to the remaining three orders.

Earlier this month, the Federal Circuit heard oral argument in AliveCor, Inc. v. Apple Inc., a patent case that attracted an amicus brief. In this case the Federal Circuit is reviewing a judgment of the Patent Trial and Appeal Board, which held several of AliveCor’s patents to be invalid as obvious. Judges Hughs, Linn, and Stark heard the argument. This is our argument recap.

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

• an article discussing the impact that the elimination of Chevron deference may have on the Federal Circuit’s oversight in the areas of its jurisdiction; and
• an article reporting how “General Motors is close to settling LKQ Corp.’s challenge to its design patent” in light of the “Federal Circuit’s decision to throw out the more-than 40-year-old design patent obviousness test in favor of a more relaxed framework.”

This morning the Federal Circuit released one precedential opinion, one nonprecedential opinion, and one nonprecedential order. The precedential opinion dismisses as moot an appeal of a judgment of the Patent Trial and Appeal Board. The nonprecedential opinion affirms a judgment of the Court of Federal Claims in a veterans case. The order is a dismissal. Here are the introductions to the opinions and a link to the order.