Opinions

Opinions and Orders – February 27, 2024

This morning, the Federal Circuit released one precedential opinion. The opinion addresses an appeal from the Court of Appeals for Veterans Claims relating to adverse decisions rendered under the Program of Comprehensive Assistance for Family Caregivers. Here is the introduction to the opinion.

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Opinions

Opinions & Orders – February 26, 2024

This morning the Federal Circuit released one precedential opinion and one nonprecedential order. The precedential opinion addresses an appeal in a patent case after a jury trial and bench trial in the Western District of Texas. The order transfers a case to a district court. Here is the introduction to the opinion and selected text from the order.

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News

Recent News on the Federal Circuit

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

  • an article discussing how a “consortium of patent lawyers and small startups are sounding the alarm at the Federal Circuit over a ruling last year”; and
  • another article about a Federal Circuit ruling that “Intel failed to show that Koniklijke Philips NV’s patent . . . was obvious, and thus invalid, based on several previously published inventions.”
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News

Recent News on the Federal Circuit

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

  • an article discussing how the Supreme Court “justices declined to review the Federal Circuit’s holding that the one-year window for filing inter partes review petitions does not apply to companies seeking to join a challenge brought by another company”; and
  • an article presenting “post-argument thoughts” on the Federal Circuit’s recent “en banc oral argument to reconsider the obviousness test for design patents.”
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Opinions

Opinions & Orders – February 22, 2024

This morning, the Federal Circuit released one nonprecedential opinion and six nonprecedential orders. The opinion affirms judgments of the Patent Trial and Appeal Board in two inter partes review proceedings. The orders dismiss appeals. Here are the introduction to the opinion and text from the orders.

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Petitions / Supreme Court Activity

Recent Supreme Court Activity

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, there is no new activity to report since our last update. With respect to petitions, one new petition was filed with the Court in a pro se case, the Court requested a response to a petition in a patent case concerning obviousness, and two amicus briefs were filed in the same patent case concerning obviousness. In addition, the Court denied the petitions in three patent cases and one pro se case, and the Court dismissed the petitions in five pro se cases. Here are the details.

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Opinions

Opinions & Orders – February 21, 2024

This morning, the Federal Circuit released one precedential opinion and four nonprecedential orders. Late yesterday, the Federal Circuit also released another nonprecidential order. The opinion affirms a judgment of the United States Court of Federal Claims in a vaccine case. One of the orders dismisses an appeal, and another grants a motion to transfer a case to the Middle District of Alabama. The other three orders also dismiss appeals. Here are the introductions to the opinion and two of the orders and links to the three of the dismissals.

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En Banc Activity

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit. Highlights include two new petitions for rehearing in patent cases presenting questions related to patent eligibility and claim construction. Here are the details.

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Argument Recap / En Banc Activity

Argument Recap – LKQ Corporation v. GM Global Technology Corporation

Earlier this month, the Federal Circuit heard oral argument in LKQ Corporation v. GM Global Technology Operations LLC, a design patent case being heard by the court en banc. In this case, the Federal Circuit is reviewing a judgment of the Patent Trial and Appeal Board and, in the process, determining whether to adopt a more flexible test for analyzing design patent obviousness compared to the existing “Rosen-Durling” test. This is our argument recap.

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Opinions

Opinions & Orders – February 20, 2024

This morning, the Federal Circuit released four nonprecedential opinions and two nonprecedential orders. Two of the opinions dismiss appeals from the Court of Appeals for Veterans Claims for lack of jurisdiction. The other two opinions address appeals from final written decisions of the Patent Trial and Appeal Board, which found certain patent claims unpatentable. The two orders deny petitions for writs of mandamus. Here are the introductions to the opinions and selected text from the orders.

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