FedCircuitBlog

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include three new petitions, two responses to petitions, and two requests from the Federal Circuit for responses to petitions.

Today the Federal Circuit issued one precedential opinion in a government contract case, one nonprecedential opinion in a patent case, and one nonprecedential opinion in a government contract case. 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 a discussion of an oral argument addressing the constitutionality of the appointment of the judges of the Patent Trial and Appeal Board, an article on the Federal Circuit’s rejection of a challenge by Google to a patent related to encoding audio signals, and a note on a recent petition for en banc rehearing.

The Federal Circuit did not issue any opinions this morning.

An important case being argued next week is Network-1 Technologies, Inc. v. Hewlett-Packard Company. This case involves an appeal and a cross appeal. While the appeal presents run-of-the-mill claim construction disputes, the cross-appeal presents the question of whether the district court erred in concluding that HP was estopped from presenting an obviousness challenge because HP could have but did not raise that challenge during a prior inter partes review. This is an important question, because its resolution requires interpretation of 35 U.S.C. § 315(e)(2), which bars any assertion “that the claim is invalid on any ground that the petitioner raised or reasonably could have raised during that inter partes review.”

The Federal Circuit did not issue any opinions this morning.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit.

Today the Federal Circuit issued one precedential erratum. Also, late yesterday the court issued a nonprecedential order. Here is the erratum and the order.

One type of case we track here at Fed Circuit Blog is any patent case pending before a panel where an amicus brief has been filed. Besides identifying these cases, aggregating related data (e.g., briefs, oral argument recordings, orders, and opinions), and making this data available using our “Other Cases” page, once a month we plan to provide a blog post summarizing recent activity in these cases. Today we do that with respect to eight such patent cases. Of these cases, three concern the non-obviousness requirement; two include jurisdictional questions; one pertains to infringement; one discusses F/RAND commitments; and one raises the issue of patent eligibility.

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report covers an article discussing a $175 million settlement between ON Semiconductor and Power Integrations, a comment on an amicus brief in support of the University of Minnesota’s petition for certiorari, and a discussion of a recent supplemental brief filed by Google supporting its own petition for certiorari and responding to the Solicitor General’s brief recommending the Supreme Court deny review in its case.