FedCircuitBlog

This morning the Federal Circuit issued one precedential opinion in a government contracts case. Here is the introduction to the opinion.

Another case that will be argued next week is Caquelin v. United States, which attracted three amicus briefs. The Federal Circuit will be asked to address two questions related to takings law. First, the court will consider whether the Court of Federal Claims erred in holding that a notice of interim trail use (“NITU”) “amounted to a government-authorized physical occupation of the underlying property for purposes of [a] takings analysis.” Second, the court will consider whether the Court of Federal Claims erred in finding a taking under the “multifactor analysis of Arkansas Game [and Fish Comm’n v. United States].” Here is our preview of the arguments that will be presented to the court.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include five new petitions related to obviousness, Arthrex, alleged appellate fact-finding, and prevailing party determinations; one response to a petition raising arguments related to Arthrex; three amicus briefs in support of a petition concerning design patent infringement; and an order denying a petition related to definiteness with a dissent by four judges. Here are the details.

This morning the Federal Circuit issued one precedential order denying en banc rehearing in a patent case, as well as one nonprecedential opinion in another patent case. Both included dissents. Here is the text of the order and the introduction to the opinion along with language from the dissents.

Next week is argument week at the Federal Circuit, and four cases slated to be argued attracted amicus briefs. A patent case, Biogen MA v. EMD Serono, Inc., drew interest from Bayer Healthcare Pharmaceuticals on the issue of invalidity of a patent “for the use of recombinant IFN-β ‘polypeptides’ to treat various diseases.” Here 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 amicus brief filed by government in support of Oracle in its ongoing fight against Google at the Supreme Court and an article addressing how following a recent Federal Circuit decision patent owners may need to work harder to steer cases into desired venues.

This morning the Federal Circuit did not issue any opinions.

One of the four cases being argued next week that attracted an amicus brief is Voip-Pal.com, Inc. v. Twitter, Inc., which focuses on patent eligibility. Specifically, this case raises the question of whether a patent claiming a method for “automatically routing telephone calls and other communications in a multinetwork environment using a physical controller” covers abstract ideas not eligible for patenting. This is our argument preview.

This morning the Federal Circuit issued three nonprecedential opinions in patent cases. Here are the introductions to the opinions.

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights commentary on the importance of patent marking, an article describing a Federal Circuit decision that may allow federal contractors to purchase more foreign-made parts, and commentary on the Supreme Court’s pending copyright case, Google LLC v. Oracle America, Inc.