FedCircuitBlog

Here is an update on recent en banc activity at the Federal Circuit. Highlights include a petition filed in a pro se case; a new response to a petition raising questions related to injunctions; and the denial of four petitions raising questions related to standing, obviousness, and assignor estoppel. Here are the details.

This morning the Federal Circuit issued two nonprecedential opinions in patent cases, a nonprecedential order granting a petition for a writ of mandamus related to a motion to transfer, and another nonprecedential order denying petitions for writs of mandamus also related to motions to transfer. Here are the introductions to the opinions and text from the orders.

This morning the Federal Circuit issued two nonprecedential opinions in a Merit Systems Protection Board case and a trademark case. Here are the introductions to the opinions.

Only one case being argued next week at the Federal Circuit attracted any amicus briefs, Conversant Wireless Licensing v. Apple Inc. This case previously came to the Federal Circuit in 2018 when the court determined that Apple infringed a patent asserted by Conversant. The court, however, remanded the case to the district court to determine whether the patent was unenforceable. On remand, the district court found that the patent was unenforceable, and Conversant now appeals that judgment. This is our argument preview.

On Wednesday, the Federal Circuit issued its opinion in Uniloc 2017 LLC v. Hulu, LLC, a case we have been tracking because it attracted an amicus brief. In the opinion, Judges Wallach and Taranto affirmed the denial of a motion for rehearing by the U.S. Patent Trial and Appeal Board. In particular, they confirmed that the Board may consider § 101 eligibility challenges to proposed substitute claims in inter partes review proceedings. Judge O’Malley filed a dissenting opinion based on her view that the case is moot. Here is a summary of the opinion and dissent.

This morning the Federal Circuit issued one precedential opinion in a patent case. The court affirmed a district court’s ruling that sovereign immunity barred involuntary joinder, but reversed its ruling that, as a result, the lawsuit could not proceed under Federal Rule of Civil Procedure 19(b). The three judges on the panel (O’Malley, Newman, and Taranto) splintered in their reasoning. Here is the introduction to the majority opinion and the separate concurring and dissenting opinions.

This morning the Federal Circuit issued one nonprecedential opinion in a trade case involving an antidumping and countervailing duty investigation. Here is the introduction to the opinion.

This morning the Federal Circuit issued one precedential opinion in a patent case addressing the ability of the Patent Trial and Appeal Board to consider eligibility challenges to proposed substitute claims in inter partes review proceedings. Here is the introduction to the opinion.

Here is an update on recent en banc activity at the Federal Circuit. In NOVA v. Secretary of Veterans Affairs, a veterans case in which the en banc court will consider the court’s jurisdiction to review interpretive rules the Department of Veterans Affairs promulgates in its Adjudication Procedures Manual, three new amicus briefs were filed. Other highlights include new petitions in two patent cases raising questions related to venue and claim preclusion; a new response to a petition in another patent case raising questions related to jurisdiction; an invitation to respond to a petition raising questions related to patent eligibility; and the denial of a petition raising questions related to obviousness. Here are the details.

This morning the Federal Circuit did not issue any opinions or orders.