FedCircuitBlog

• Judge Lourie Wins 2020 American Inns of Court Award – The American Inns of Court selected Judge Alan D. Lourie as the winner of the 2020 American Inns of Court Professionalism Award for the Federal Circuit.
• Prior Art-Based Invalidity Analysis Possible for Indefinite Claim – The Federal Circuit declined to find a claim with a means-plus-function element unpatentable because prior art analysis could still be possible when the means-plus-function element is used as an alternative structure to a non-means-plus-function structure.
• True Colors Shining Through – The Federal Circuit’s recent decision in In re Forney Industries, Inc. may provide a new framework for creating product packaging that can be protected by trademark law.

Here’s the latest.

• A Patent Emergency – A new Supreme Court petition declared that the Federal Circuit’s interpretation of patent eligibility law is a “patent emergency”.
• Federal Circuit OKs Do-Over in Apple Decryption Case – In light of Arthrex, the Federal Circuit remanded a case for a new hearing before different PTAB judges.
• Federal Circuit Dismisses Challenges to Nonfinal Patent Office decision – The Federal Circuit affirmed the district court’s lack of jurisdiction.

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• Federal Circuit Suspends In-Person Oral Arguments – The Federal Circuit indefinitely suspended in-person oral arguments amidst COVID-19 pandemic.
• Biotech Trade Organization Urges the Federal Circuit to End Obviousness Test – in its amicus brief, the Biotechnology Innovation Organization asks the Federal Circuit to end its “unrealistic” approach to evaluating obviousness.
• Federal Circuit Denies Review for Real-Parties-in-Interest Arguments – The Federal Circuit uses Supreme Court precedent to declare PTAB decisions regarding the real-parties-in-interest non-appealable.

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• Federal Circuit Snubs Extrinsic Evidence – Courts are not required to consult extrinsic evidence in every patent eligibility case.
• Defining the Contours of Arthrex Decision – The Federal Circuit’s recent decision has resulted in a large number of PTAB appeals.
• Federal Circuit Upholds Application of Dedication-Disclosure Doctrine – The Federal Circuit affirmed a district court’s application of the dedication-disclosure doctrine.

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• Federal Circuit Hearing More Cases by Phone – The Federal Circuit will increase the number of arguments it hears via phone next month.
• Bad Conduct During Litigation Means Attorneys’ Fees Regardless of Damage Amount – The Federal Circuit disagrees with lowering an award of attorney fees based on a lesser damages award.
• COVID-19 Underscores Diagnostic Patent Eligibility Problems – What is the impact of recent judicial precedent on diagnostic methods?

Here’s the latest.

• Full Federal Circuit Will Consider Court Review of VA Rules – The Federal Circuit will consider whether it lacks jurisdiction to review interpretive rules in the VA’s administrative staff manual.
• CAFC Issues Another Precedential Decision on Standing – In a recent opinion, the Federal Circuit addressed standing requirements regarding IPRs.
• Federal Circuit Sinks Another Attempt to Use PTO Guidance – The Federal Circuit makes clear that it does not apply USPTO guidance when determining subject matter eligibility.

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• Federal Circuit Finds Article III Standing – In Grit Energy Solutions, LLC v. Oren Technologies, LLC, the Federal Circuit was asked to determine whether Grit Energy lacked Article III standing to appeal a PTAB decision.
• Interpreting the Veterans Affairs Accountability and Whistleblower Protection Act – James Eisenmann explains how to interpret Sayers v. DVA.
• Uber Gets Win Over Location-Sharing Patent – The Federal Circuit finds it would have been obvious to combine prior art location plotting patents.

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• No Importing Limitations from Specification in § 101 Analysis -Thomas DaMario recaps the result in Ericsson Inc. v. TCL Commc’n Tech. Holdings Ltd.
• Google Asks Full Fed. Circ. Not To Rehear Venue Ruling – Google urged the Federal Circuit not to rehear In re Google LLC en banc.
• Federal Circuit Revives Cardiac Monitoring Patent – The Federal Circuit held that the claims at issue were not patent ineligible under § 101 in Cardionet, LLC v. InfoBionic, Inc.

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• Justices Told To Skip Challenge Over Doctrine Of Equivalents – Eli Lilly and Co. is urging the U.S. Supreme Court to reject a challenge of a Federal Circuit ruling over when patent infringement can be found under the doctrine of equivalents.
• The Federal Circuit Clarifies The Notice Requirements Of The Administrative Procedure Act – How do the notice requirements of the Administrative Procedure Act operate in the context of claim amendments during inter partes reviews?
• Uniloc’s Bluetooth Patent Case Against LG Revived – LG Electronics must face revived claims that it infringed a Bluetooth connectivity patent.

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• USPTO Says AI Can’t be A Named Inventor – The U.S. Patent and Trademark Office said that U.S. law bars artificial intelligence from being listed as an inventor.
• Federal Circuit Proposes Guideline Tweaks – The Federal Circuit proposed changes to its Rules of Practice.
• The Federal Circuit Explains when Winning Isn’t Prevailing – Daniel Shulman explains the results in two recent Federal Circuit decisions concerning “prevailing parties.”

Here’s the latest.