FedCircuitBlog

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Since our last update, one new response to a petition was filed in a case raising questions related to standing and contract reformation, and four new amicus briefs were filed in a case raising a question related to damages. Here are the details.

Late yesterday, the Federal Circuit released three nonprecedential orders dismissing cases. This morning the court released one precedential opinion, two nonprecedential opinions, and four nonprecedential orders. The precedential opinion comes in a patent case appealed form the District of Nebraska, while both nonprecedential opinions come in veterans cases appealed from the Court of Appeals for Veterans Claims. One of nonprecedential orders grants a motion for summary affirmance in a case appealed form the Court of Federal Claims; the other three orders are dismissals. Here are the introductions to the opinions and the first order as well as links to the dismissals.

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today we highlight:

• a blog post suggesting that, “when the PTAB reverses a [35 U.S.C.] § 101 rejection out of Art Unit 3662, it is worth a look to see what went right for the Applicant”;
• an article reporting how “U.S. Patent and Trademark Office data indicates the office mistakenly kept hundreds of thousands of records of patent ownership transfers from becoming public for years”;
• an article observing that Chief Judge “Moore . . . retained a PR firm to publicize a cartoon theme song that she apparently commissioned”; and
• an article indicating a “‘flood’ of lawsuits against Section 122 tariffs . . . is seen as unlikely.”

This morning, the Federal Circuit released two precedential opinions and one nonprecendential order. The first opinion comes in a veterans case appealed from the Court of Appeals for Veterans Claims, and the second comes in an international trade case appealed from the Court of International Trade. The order is a dismissal. Here are the introductions to the opinions and a link to the dismissal.

This week (and, as it turns out, next Monday) is Court week at the Federal Circuit. The court will convene 15 panels to consider 77 cases. Of the 77 cases, the court will hear oral argument in 56. The Federal Circuit provides access to live audio of these arguments via the Federal Circuit’s YouTube channel. This month, one case scheduled for oral argument attracted amicus briefs. Here’s what you need to know about this one case.

One case being argued at the Federal Circuit in June attracted amicus briefs. That case, OpenSky Industries, LLC v. VLSI Technology LLC, is a cross appeal from a judgment of the Patent Trial and Appeal Board in an inter partes review proceeding. Notably, this case is related to VLSI Technology LLC v. OpenSky Industries, LLC, which was argued in May. This is our argument preview.

This afternoon, the Federal Circuit announced that it will hear arguments this August. Here is the full text of the announcement.

Late yesterday, the Federal Circuit released a nonprecedential order dismissing a case appealed from the Eastern District of Texas. This morning the court released another nonprecedential order dismissing a case appealed from the Western District of Texas. Here are links to the dismissals.

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today we highlight:

• an article reporting “tips and stories during a day with the judges” at this year’s Federal Circuit Judicial Conference;
• an article criticizing the Federal Circuit’s recently released video as a “theme song” that is both “embarrassing and damning”;
• an article noting how “District Judge Alan D. Albright of the Western District of Texas [announced he] would leave the Western Texas bench by the end of this August”; and
• a blog post arguing that “[t]he IPR system, at least in its original form as a cost-effective alternative to district court litigation for challenging patent validity, is functionally suspended.”

This morning, the Federal Circuit released one precedential opinion and one nonprecedential opinion. The precedential opinion comes in a trade secret case appealed from the District of Massachusetts. In this case, the majority found the statute of limitations expired. Notably, Judge Prost dissented, taking the position that the panel should not have reversed the jury’s conclusion “that none of the misappropriated trade secrets were time-barred.” The nonprecedential opinion comes in a patent case appealed from the Patent Trial and Appeal Board. Here are the introductions to the opinions.