FedCircuitBlog

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Since our last update, two new petitions for en banc rehearing were filed in patent cases raising questions related to obviousness and apportionment; the court issued two invitations for responses in patent cases raising questions related to obviousness and de minimis infringement; and the court denied a petition raising questions related to judicial estoppel and appellate procedure. Here are the details.

Here is an update on activity in cases pending before panels of the Federal Circuit where the cases have attracted at least one amicus brief. We keep track of these cases in the “Other Cases” section of our blog. Today, with respect to these cases, we highlight seven recent opinions, one recent order, and two newly-identified cases. Here are the details.

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

• a blog post describing a petition at the Supreme Court as a battle with the Federal Circuit over “prosecution laches—and whether the doctrine even exists”;
• a blog post characterizing a Federal Circuit decision as “a masterclass in the consequences of acting as one’s own lexicographer” and “a stark reminder that definitions placed in patent specifications carry enormous weight”;
• an article reporting how the Patent and Trademark Office has “significantly expanded design patent protections with its guidance for claiming computer-generated images shown using virtual reality, holograms and similar technologies”; and
• a blog post emphasizing how the Supreme Court “left a variety of questions open” in its decision affirming the Federal Circuit in President Trump’s tariffs case.

Earlier this month, the Federal Circuit released its opinion in Ligado Networks LLC v. United States, a takings case we have been following because it attracted two amicus briefs. In this case, the court considered an interlocutory appeal from the Court of Federal Claims presenting questions related to a radio license issued under the Communications Act. In an opinion authored by Judge Taranto and joined by Judges Moore and Stoll, the panel affirmed in part, vacated in part, and remanded in part. This is our summary of the opinion.

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

• a blog post reporting how Judge Newman “filed a petition for certiorari asking the Supreme Court” to review her suspension from exercising judicial duties at the Federal Circuit;
• an article arguing a recent Federal Circuit decision “presents an opportunity to confront doctrinal tensions in design patent law claim construction that have lingered for decades and intensified in recent years”;
• a blog post examining how the Federal Circuit recently affirmed an “Examiner’s obviousness rejection after rejecting [a] narrow construction of the claim term ‘configured for’”; and
• an article discussing how the Federal Circuit “rejected the Trump administration’s request to delay next steps in the fight over tariff refunds for importers.”’”

Last week, the Federal Circuit court heard oral argument in Jacki Easlick, LLC v. AccEncyc US, a design patent case we have been tracking because it attracted an amicus brief. In this case, Jacki Easlick, LLC and JE Corporate, LLC appeal a district court’s denial of a motion for a preliminary injunction. Judges Dyk, Schall, and Prost heard the oral argument. This is our argument recap.

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

• an article reporting how Judge Newman “petitioned the U.S. Supreme Court to lift her suspension from hearing new cases,” which has “lasted nearly two years”;
• a blog post analyzing how a recent Federal Circuit decision “presents an interesting question relating to damages calculation”;
• a blog post discussing how the Supreme Court’s recent denial of a petition “leaves in place the Federal Circuit’s determination that [published] U.S. patent applications are prior art as of their filing date in inter partes review . . . validity proceedings conducted under the pre-America Invents Act . . . statute; and
• an article suggesting the Patent and Trademark Office “has taken numerous notable steps” related to patent subject matter eligibility and that “these developments suggest a recalibration of the USPTO’s Section 101 approach, particularly for AI-related applications.”

Late last month, the Federal Circuit issued an order in In re Intel Corporation, a patent case we have been following because it attracted an amicus brief. In this case, Intel petitioned the court for a writ of mandamus to challenge the Patent Trademark Office’s denial of its request for institution of inter partes review. In a per curiam order, a panel consisting of Judges Taranto, Mayer, and Stark denied the petition. This is our summary of the order.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Since our last update, one new petition for en banc rehearing was filed in a pro se case raising a question related to access to the lower court’s electronic filing system. Here are the details.

Last month, the Federal Circuit issued its opinion in REGENXBIO Inc. v. Sarepta Therapeutics, Inc., a patent case we have been following because it attracted three amicus briefs. In it, REGENXBIO appealed a decision of the District of Delaware, which granted a motion for summary judgment and held the asserted claims to be ineligible for patenting. In an opinion authored by Judge Stoll and joined by Judges Dyk and Hughes, the panel reversed the judgment and remanded the case for further proceedings. This is our summary of the panel’s opinion.