FedCircuitBlog

• Set Phase to Subject Matter Ineligible: More Accurate Haplotype Phase Method Still Abstract – A patent for determining haplotype phase could not survive review under Alice according to the PTAB and the Federal Circuit.
• Federal Circuit Says Hawaii Telecom’s FCC Suit Belongs In DC Circuit – In Sandwich Isles Communications v. United States, the Federal Circuit denied an appeal seeking nearly $200 million in lost subsidies after the FCC cut off funding.

Here’s the latest.

• Full Fed. Circ. Won’t Review Motion Sensor Patent Fight – The full Federal Circuit chose not to disturb a panel’s decision to uphold part of a Patent Trial and Appeal Board ruling that struck down several claims of a motion sensor patent.
• Good News/Bad News: Patent Owners and Petitioners Both Make Gains in CAFC Uniloc Decision – Experts analyze the effects of the Federal Circuit’s recent Uniloc 2017 v. Facebook Inc. decision that raised numerous estoppel issues.

Here’s the latest.

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

• The Court received a response brief from Hologic in Minerva Surgical, Inc. v. Hologic, Inc., a case that has been granted certiorari.
• The Court received two new petitions for writ of certiorari in Sowinski v. California Air Resources Board and Merit Medical Systems, Inc. v. Khan.
• One new brief in opposition was filed with the Court in response to the petition in Khan v. Merit Medical Systems Inc.
• Five new amicus briefs were filed with Court.
• Lastly, the Court denied the petition in Simmons v. Secretary of Veterans Affairs.

Here are the details.

• Judge O’Malley Thinks Federal Circuit Could Be Back This Summer – A trio of past and current Federal Circuit judges gave their thoughts on a return to in-person arguments and other pandemic-related adjustments.
• A Resilient Petticoat – In Transtex Inc. v. Laydon Composites Ltd., the Federal Circuit affirmed the findings of the PTAB regarding the obviousness of some claims within a patent covering a strut holding a tractor-trailer skirt in place.
• Federal Circuit Backs Lyft in Ride-Sharing Patent Fight – The Federal Circuit affirmed the lower court’s invalidity finding of RideApp’s patent in its suit against Lyft.

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• Patent Appeal Lessons From Fed. Circ. Remote En Banc Args – The U.S. Court of Appeals for the Federal Circuit has sat remotely en banc for only two cases in the past year, both of which have been veterans cases, but their oral arguments can provide insight to all practitioners.
• Novartis Patent on MS Drug Gilenya Evades Supreme Court Scrutiny – The Supreme Court will not explore the debate over whether being in regular competition is enough to challenge a PTAB ruling on a rival’s patent without having been sued for infringement.  
• Fourth Circuit Finds ‘Pretzel Crisps’ Plaintiffs are Not Bound to Federal Circuit Across Appeals from Distinct TTAB Decisions – The Fourth Circuit joins the Seventh and Ninth Circuits in considering the reach of the Lanham Act’s permission to seek review of a TTAB decision at either the CAFC or in federal district court.

Here’s the latest.

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

• The Supreme Court received four new petitions for writ of certiorari.
• Three new response briefs were filed with the Court. Two in Iancu v. Fall Line Patents, LLC and one in Ericsson Inc. v. TCL Communication Technology Holdings Limited.
• Two new amicus briefs were filed with the Court in Sellers v. Secretary of Veterans Affairs, the first by the National Law School Veterans Clinic Consortium and the second by the Military-Veterans Advocacy Inc.
• One letter to Justice Barrett was filed with the Court by counsel for Sasso in Warsaw Orthopedic, Inc. v. Sasso, notifying Justice Barrett of a potential conflict of interest.
• Two waivers of right to respond were filed with the Court.
• Lastly, the Court denied the petitions in two cases: (1) Argentum Pharmaceuticals LLC v. Novartis Pharmaceuticals Corporation and (2) Wynkoop v. Department of Defense.

Here are the details.

• How to Choose the Next Federal Circuit Judge: Stick with Experience – Retired Judge Paul Michel of the Federal Circuit shares his thoughts on a future nominee to the Federal Circuit.
• In “Landmark” Ruling, Court Raises Threshold for Firing Feds – The Federal Circuit ruled that agencies must show cause when putting employees on a performance improvement plan in Santos v. National Aeronautics and Space Administration.
• Inventors, Tech Are Taking The Brunt Of Alice Axes – Researchers from Stanford Law School published a study on patent eligibility following the Federal Circuit’s decision in Alice.

Here’s the latest.

• Good News for Patentees: Bipartisan NSCAI Invokes National Security in Calling for Legislation to Clarify Patent Eligibility – A recent report released by a bipartisan congressionally-established commission lends powerful support to Section 101 reform initiatives.
• Dish Rejected in Bid to Revive Data Compression Patent Challenge – The Federal Circuit refused to jump-start a patent challenge after the Patent Trial and Appeal Board found that the challenge was time-barred.
• Method for Determining Haplotype Phase Found Subject Matter Ineligible – Applying the Alice framework, the Federal Circuit emphasized that a mathematical or scientific algorithm, without more innovation or improvement, is patent ineligible.

Here’s the latest.

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

• The Court received four new petitions for writ of certiorari.
• One new amicus brief was filed with the Court in Sandoz Inc. v. Immunex Corp. by The Association for Accessible Medicines and America’s Health Insurance Plans, Inc.
• One new waiver of right to respond was filed with the Court by the Secretary of Veterans Affairs in Jones v. Secretary of Veterans Affairs.

Here are the details.

• Federal Circuit Backs PTO’s Broad Discretion Over AIA Challenges – In denying a petition for a writ of mandamus directed at the PTAB, the Federal Circuit reaffirmed the discretion of the PTO over institutions of IPRs.
• Albright Rebuked Again by CAFC After Letting Second Transfer Motion Linger – The Federal Circuit granted a second stay in proceedings in In re Tracfone Wireless, Inc. before Judge Alan Albright after having recently granted another stay in a separate case.
• Federal Circuit Will Weigh In On Government Shutdown Wage Case – The government will argue before the Federal Circuit about failing to pay timely wages to government workers during a government shutdown.

Here’s the latest.