Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today we highlight:
- a piece suggesting recent decisions by Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart “provide helpful guidance” on how the Patent Trial and Appeal Board will interpret and apply new discretionary denial procedures;
- a post criticizing Stewart for having “inundated patent litigators in May and June with dozens of rulings altering the landscape of discretionary denials at the Patent Trial and Appeal Board”;
- an article discussing how “Congress is considering a bill that would effectively overturn” Supreme Court decisions dealing with patent protections, thus “[empowering] US innovators to compete with their rivals in China and Europe on a level playing field”; and
- a blog post indicating “[a]n important recent development in pharmaceutical patent law is the Federal Circuit’s embrace of . . . infringement by drug label.”