FedCircuitBlog

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

• an article describing how John Squires, “nominated by President Donald Trump to run the US Patent and Trademark Office,” was scheduled to appear at a confirmation hearing before the Senate Judiciary Committee on Wednesday of this week;
• a follow-up article detailing how during his confirmation hearing John Squires said the country’s patent system “is going in the wrong direction”;
• a blog post discussing “a significant development” for practice at the Patent Trial and Appeal Board; and
• a piece examining the impact of LKQ Corporation v. GM Global Technology Operations LLC, an en banc case that “threw out longstanding tests for determining if design patents are invalid as obvious.”

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

• a piece discussing how the Federal Circuit recently “said scientists Jennifer Doudna and Emmanuelle Charpentier will get another chance to show they ought to own the key patents on what many consider the defining biotechnology invention of the 21st century”;
• an article discussing how a panel of the D.C. Circuit “seemed skeptical” of Judge Newman’s argument “that a statute allowing courts to self-police instances of misconduct and disability is unconstitutional across the board”;
• a blog post criticizing a recent Federal Circuit decision that he says “appears to have unintentionally upended fundamental principles of [inter partes review] estoppel”; and
• a report that the Dana-Farber Cancer Institute and Memorial Sloan-Kettering Cancer Center filed an amicus brief with the Federal Circuit, urging the court to “review a decision rejecting Xencor’s application for an antibody patent.”

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 U.S. Patent and Trademark Office “introduced new production goals for judges on the Patent Trial and Appeal Board, asking them to publish decisions on appeals of denied patent applications within 12 months and issue more rulings each month”;
• a report noting the Federal Circuit “dismissed a legal claim against the NFL’s New Orleans Saints from a man who says he is the ‘direct descendant of the Kings of France’ over the trademark of the flour-de-lis symbol”;
• a piece reporting that Jack Dorsey, co-founder of Twitter, posted on X “delete all IP law”;
• a blog post criticizing a recent Federal Circuit decision’s use of “the increasingly fictional construct at the center of patent law: the Person Having Ordinary Skill in the Art (PHOSITA)”; and
• an article covering how the Patent and Trademark Office recently “announced a new working group dedicated to broadening the Office’s efforts to mitigate common threats to the U.S. patent system.”

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

• a blog post discussing how a recent decision in a patent case by the Federal circuit focuses “on a novel argument about provisional rights”;
• another blog post discussing how a recent Federal Circuit decision “illustrates circumstances under which the [Patent Trial and Appeal] Board’s obviousness determination did not pass muster.”;
• a piece reporting how the Council for Innovation Promotion recently released a report “urging the Trump Administration and Congress to take 18 key steps to strengthen the U.S. IP system”; and
• a report claiming a recent Federal Circuit decision “has created pitfalls for entities using a type of patent claim that describes an improvement on previous technology, making the so-called Jepson format, which is already uncommon, even less appealing for applicants.”

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

• an article noting how the Federal Circuit recently held oral argument in a case asking “whether prosecution laches is a legitimate doctrine that can render any patent unenforceable if it takes longer than six years to obtain the patent from the United States Patent and Trademark Office”;
• a blog post discussing how the Federal Circuit recently “issued a significant trade secret remedies decision”;
• a report highlighting a recent Federal Circuit trademark case holding that “acquired distinctiveness is ‘determined on the entire record’”; and
• a piece asserting a recent Federal Circuit trademark decision ”goes beyond financial services and has implications for brands across industries.”

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

• an article arguing that, because the Supreme Court’s two-step inquiry for patent-ineligible “abstract ideas” did not define “abstract ideas,” it has had “disastrous consequences”;
• a blog post analyzing how the Federal Circuit’s requirement that “convoyed goods ‘function together with the patented article,’ and not merely be sold along with the infringing product as a matter of convenience, differs from the rule followed in the U.K., France, Japan, and Germany”;
• a report highlighting how a recent Federal Circuit case “reaffirmed a critical principle in patent law: When a claim lists elements separately, the clear implication is that they are distinct elements”; and
• a blog post discussing how an en banc case at the Federal Circuit “presents important questions about statutory interpretation in the wake of the Supreme Court’s decision in Loper Bright Enterprises v. Raimondo.”

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

• a blog post arguing the Federal Circuit recently “established a more rigorous test for determining when a published patent application claiming priority to a provisional application can be considered prior art as of its provisional filing date”;
• an article describing how the Federal Circuit recently “upheld a Trademark Trial & Appeal Board decision to partially cancel trademarks”; and
• a blog post discussing the ongoing dispute between Judge Newman and the Federal Circuit.

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

• a report discussing how the neurosurgeon who testified that Judge Newman is “fit to serve . . . responded to a barrage of criticisms aimed at his analysis”;
• an article covering how the Federal Circuit recently reviewed a decision of the Appeals Review Panel of the Patent and Trademark Office for the first time;
• a piece reporting how the Supreme Court recently denied “several high-profile IP petitions, including two that touch on the [Federal Circuit]’s controversial use of one-word affirmances under Rule 36”; and
• an article recounting how “[a]dministrative judges with the Patent Trial and Appeal Board should prepare themselves for layoffs, according to an email from Chief Administrative Patent Judge Scott Boalick.”

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

• an article arguing that a recent decision by the Federal Circuit “may make defending patent infringement claims more challenging, time-consuming and expensive, but it also has unwittingly complicated similar patent infringement proceedings involving the same patents and their appeals”;
• a blog post suggesting that, in a recent decision related to agency deference, the Federal Circuit’s “approach to the analysis [was] wrong”;
• a piece reporting how “Commerce Secretary Howard Lutnick has decided to end all current appointments to both the Patent Public Advisory Committee (PPAC) and Trademark Public Advisory Committee (TPAC), effective immediately”; and
• an article suggesting a recent decision by the Federal Circuit “expands which intellectual property (IP) owners can seek relief before the U.S. International Trade Commission (ITC) to block the import of infringing products into the U.S.”

Late yesterday, the Federal Circuit released a precedential order sua sponte granting en banc review of an appeal from a judgment of the Court of Federal Claims. In the order, the Federal Circuit requests new briefing related to the effect of the Supreme Court’s decision in Loper Bright Enterprises v. Raimondo on the interpretation of statutory provisions governing actions of the Office of Personnel Management. Notably, Loper Bright Enterprises v. Raimondo overruled Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc., which required courts to defer to agencies’ interpretations of ambiguous language in statutes meant for implementation by those agencies. Here is the introduction to the order.