FedCircuitBlog

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

• an article discussing “the interaction between the new Department of Government Efficiency (DOGE) and the U.S. Patent and Trademark Office (USPTO)”;
• a report covering how Judge Newman filed a reply brief “reiterat[ing] her argument the D.C. Circuit should revive the lawsuit challenging as unconstitutional her suspension from hearing cases at the Federal Circuit”;
• a blog post indicating the Federal Circuit “significantly limited the reach of inter partes review estoppel” in a recent case; and
• a piece reporting how the “tech and retail industries are endorsing an effort by Dish Network aiming to persuade the U.S. Supreme Court to potentially expand the personal liability of lawyers who file failed patent cases that are found to be ‘exceptional’ by the courts.”

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 “Commissioner for Patents Vaishali Udupa has notified the United States Patent and Trademark Office (USPTO) that she is resigning effective immediately”;
• a report covering how three Federal Circuit “judges said Friday that doctors’ examination reports Judge Pauline Newman has presented as part of her legal effort to fight her suspension at the Federal Circuit contained major errors and unscientific conclusions”; and
• a piece reporting how a Federal Circuit panel “stripped a patent case over respiratory treatment devices away from a North Carolina federal judge, with the appeals court reversing a noninfringement verdict.”

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

• a blog post covering how the U.S. Patent and Trademark Office is challenging the “rationale behind the Supreme Court’s decision in KSR v. Teleflex for certain technologies, specifically by advocating that claims to dosage regimens for pharmaceuticals should be almost per se obvious, particularly for such claims for which the pharmaceutical was itself patent protected”;
• another blog post highlighting how a joint letter from the Intellectual Property Owners Association and American Intellectual Property Law Association to Congress “asks that the USPTO be ‘exempted from executive actions that could further hinder its ability to meet its mission’”;
• a report discussing how the D.C. Circuit recently denied Judge Newman’s “request to unseal documents about her suspension for refusing to participate in an investigation into her fitness, saying such documents are confidential unless both the judge under investigation and the chief judge agree to release them”; and
• an editorial proposing “ways for the new Acting Director to fix the USPTO fast.”

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

• a news post covering how the “nomination hearing to vet Donald Trump’s pick for Secretary of Commerce, Howard Lutnick . . . touched on several key points relevant to the intellectual property system”;
• a blog post discussing how the joint memorandum from the Office of Management and Budget and the Office of Personnel Management requiring a return to office and hiring freeze “could significantly impact patent operations”;
• an article analyzing how the “Federal Circuit has been urged by startups and attorneys to reject calls by Google to tighten rules for admitting patent damages testimony” in the court’s upcoming en banc case; and
• a report suggesting “recent actions to purge diversity programs from the federal government and private sector could undermine one of the top objectives of the U.S. Patent and Trademark Office in recent years: expanding access to innovation.”

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

• a piece covering how “Howard Lutnick, President Donald Trump’s nominee for commerce secretary, labeled the U.S. Patent and Trademark Office’s patent application backlog ‘unacceptable’ and committed to end what he called China’s abuse of the agency” in his Senate confirmation hearing;
• a blog post discussing how the Federal Circuit recently held that the “U.S. Patent and Trademark Office’s (USPTO’s) Patent Trial and Appeal Board (PTAB) has jurisdiction over expired patents brought before it in inter partes review (IPR) proceedings”;
• an news alert discussing how the New Civil Liberties Alliance has filed an amicus brief claiming that “[t]he Federal Circuit must either permit the unlawfully suspended Judge Pauline Newman to participate in consideration of EcoFactor v. Google, or else vacate the order granting en banc rehearing in this case”; and
• an article analyzing the “top 5 most important bid protest decisions of 2024.”

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

• a blog post indicating a recent Federal Circuit opinion provided a “fascinating exploration of three distinct doctrines of equivalence in patent law”;
• another blog post suggesting the USPTO sits “at an inflection point that requires us to build examination capacity to achieve . . . long-term pendency goals”;
• an article discussing how President Trump’s decisions to mandate “a hiring freeze across the federal government” and require “federal government employees come back to the Office five days per week” might impact the USPTO; and
• a news update analyzing how the “Skinny Labels, Big Savings Act, introduced at the end of last year and reintroduced this month in the new Congress,” is seeking to “protect generic-drug makers from patent suits when using so-called skinny labels.”

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 “Coke Morgan Stewart was sworn in as the new Deputy Undersecretary of Commerce for Intellectual Property and Deputy Director of the United States Patent and Trademark Office;”
• a piece covering how “Trading Technologies (TT) has petitioned the Supreme Court to review a Federal Circuit decision raising three significant questions about patent law and civil procedure;
• an article reporting how “[t]op Republicans on the House and Senate VA Committees are leading a bill meant to help the Department of Veterans Affairs fire poor-performing employees more quickly;” and
• a piece describing how the Federal Circuit granted an order “temporarily blocking drugmaker MSN Pharmaceuticals from launching a generic version of Novartis’ blockbuster heart-failure drug Entresto.”

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

• a blog post suggesting reasons for the ”the prevalence of filing errors and subsequent correction requirements in Federal Circuit appeals–even among the nation’s most sophisticated appellate practitioners”;
• a report covering how Chief Judge Moore “told the Court of Appeals for the D.C. Circuit on Thursday that Judge Pauline Newman’s appeal of her effective removal from the [Federal Circuit] should fail because her claims do not meet the ‘exceptional circumstances’ warranted for transfer to another circuit and her constitutional challenges are precluded”;
• an article asking whether the Supreme Court decision in Loper Bright Enterprises v. Raimondo will “chip away at Federal Circuit Rule 36 summary affirmances” or even “offer a path for [Patent Trial and Appeal Board] appellants to circumvent Rule 36 altogether”; and
• a piece highlighting how the Supreme Court granted certiorari Friday to “review whether the government need only pay six years of unpaid combat-related special compensation if a veteran files a claim.”

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

• a news alert reporting how “Dish Network LLC asked the U.S. Supreme Court to review whether courts can require attorneys to pay legal fees in exceptionally frivolous patent cases”;
• a blog post analyzing a recent Federal Circuit decision where the central issue in the case “revolved around the interpretation of [35 U.S.C.] § 311(b)’s limitation that [inter partes review] challenges may be based only on ‘prior art consisting of patents or printed publications’”; and
• an article covering how the Federal Circuit recently affirmed a Trademark Trial and Appeal Board decision “canceling trademarks claiming protection for the pink color of ceramic hip components.”

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

• a news alert suggesting decisions by the Supreme Court and Federal Circuit “have called into question the validity of broad antibody patent claims, leading some commentators to declare the death of the antibody genus claim;”
• a blog post indicating the Federal Circuit “issued a notable opinion on federal preemption of state law conversion (theft) claims and correction of inventorship;”
• a report highlighting how the Supreme Court “rejected a case asking the justices to interpret a patent-infringement safe-harbor provision in a federal statute ‘solely for uses reasonably related’ to the process [for] winning government approval of a drug or medical device;” and
• an article reporting how an “import ban on Roku Inc. streaming devices will stand after the U.S. Supreme Court turned away its challenge to the U.S. International Trade Commission’s finding Universal Electronics Inc. met the agency’s domestic-industry requirement with patented software.”