FedCircuitBlog

This morning, the Federal Circuit issued a precedential opinion in a patent case and a nonprecedential opinion in a case concerning false advertising and the Lanham Act. Here are the introductions to the opinions.

Yesterday the Federal Circuit issued a Notice of Upcoming Modifications to Clerk’s Office Procedures. In the notice, the court announced it will be resuming public access by telephone, discontinuing public assistance by email, and finalizing electronic filing access for pro se parties, among other things. Here is a summary of the announced changes.

Recently we hosted an online symposium in anticipation of last week’s sunset of covered business method review (CBMR), proceedings held by the Patent Trial and Appeal Board to review the patentability of claims included in “covered business method” patents. The Federal Circuit, in turn, reviews the PTAB’s judgments in these proceedings. Six authors across four blog posts presented various analyses of CBMR, including arguments for and against allowing the program to sunset, the history of CBMR, and the significance of Federal Circuit opinions reviewing decisions by the PTAB in these proceedings. Here, we wrap up our online symposium by highlighting each contribution and its central premise, before I provide some brief closing remarks reflecting on what we have read.

This morning the Federal Circuit issued one precedential opinion in a patent case, one precedential opinion in an employment case, and one nonprecedential opinion in a patent case. Here are the introductions to the opinions.

This morning, the Federal Circuit issued a nonprecedential opinion in a patent case. Here is the introduction to the opinion.

Here is an update on recent en banc activity at the Federal Circuit. In one of the two pending en banc cases addressing veterans law, the court requested the parties file supplemental briefs to address concerns with Article III standing. Other updates include new petitions raising questions related to patent marking, expert testimony, willful infringement, and sanctions; a new invitation to respond to a petition raising a question related to remedies; a new amicus brief in a case raising a question related to double-patenting; and the denial of two petitions raising questions related to patent eligibility and claim construction. Here are the details.

For the second day in a row the Federal Circuit did not publish any new opinions or orders.

On Friday the Federal Circuit issued an order denying a petition for a writ of mandamus in In re Google, a case we have been following because it attracted amicus briefs. In the order, the court denied the petition because, it found, Google did not meet its heavy burden. Moreover, the court indicated that Google may obtain meaningful review after a final judgment is issued in its pending case. Here is a summary of the case and the order.

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

This morning, the Federal Circuit issued a nonprecedential opinion denying a petition for a writ of mandamus regarding a motion to transfer venue. Here is the text of the order.