FedCircuitBlog

Late yesterday, the Federal Circuit announced the public release of additional prior orders and letters in the ongoing investigation into Judge Newman’s fitness to serve as a judge. Notably, the orders continue to prohibit Judge Newman from being assigned to new panels of cases, and one order indicates the Committee conducting the investigation “will focus on the question whether Judge Newman’s refusal to cooperate with the Committee’s investigation constitutes misconduct.” To that end, the Committee also set a deadline of July 5 for Judge Newman to submit “a brief limited to addressing the question whether Judge Newman’s refusal to undergo examinations, to provide medical records, and to sit for an interview with the Committee as described in the May 16 Order constitute misconduct and the appropriate remedy if the Committee were to make a finding of misconduct.” The Committee also indicated it will hear oral argument on the matter on July 13 in a closed-door hearing. Here is the full text of the announcement, with links to the orders.

Today, the Supreme Court granted the petition for certiorari in Vidal v. Elster, a trademark case decided by the Federal Circuit. The Supreme Court will review whether the U.S. Patent and Trademark Office’s “refusal to register a mark under Section 1052(c) [of the Lanham Act] violates the Free Speech Clause of the First Amendment when the mark contains criticism of a government official or public figure.” Here are the details.

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 impact of the Supreme Court’s recent holding in Amgen v. Sanofi concerning patent law’s enablement requirement;
• a blog post highlighting the “Supreme Court’s [n]on-[e]ngagement with the Federal Circuit” in Amgen v. Sanofi; and
• an article analyzing two recent appeals concerning the constitutionality of state laws “that target companies that generate revenue through patent licensing and infringement litigation rather than producing protected inventions.”

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 the Solicitor General’s amicus brief urging the Supreme Court to deny certiorari in a case concerning inter partes review estoppel; and
• an article highlighting takeaways from a recent precedential opinion by the Federal Circuit addressing analogousness of prior art references.

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

• an article commenting on the recent Supreme Court ruling in Amgen v. Sanofi concerning patent law’s enablement requirement;
• an article highlighting the Biden administration urging the Supreme Court to deny certiorari in Apple v. Caltech, a case presenting a question about inter partes review estoppel;
• a post noting the effects of the Federal Circuit’s holding addressing inducement of infringement by so-called skinny labels in Teva v. GlaxoSmithKline after the Supreme Court denied certiorari in the case; and
• an article arguing the recent precedential opinion by the Federal Circuit in Sanofi-Aventis Deutschland v. Mylan Pharmaceuticals addressing a limit on what qualifies as analogous prior art “adds to [the] toolbox for patentee prosecution and litigation success.”

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

• an article and a blog post commenting on the recent Supreme Court ruling in Amgen v. Sanofi; and
• two articles providing updates on the ongoing proceedings concerning Judge Newman’s competency to serve as a judge on the Federal Circuit.

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

• an article about the elevated tension within the Federal Circuit due to the ongoing lawsuit by Judge Newman;
• an article about how Judge Newman’s lawsuit is entering uncharted territory;
• an article providing a broad recap of ongoing problems the Federal Circuit and other entities face with patent eligibility and legislation seeking to solve these problems; and
• an article about the Supreme Court’s rejection of a challenge to a Federal Circuit holding that allegedly creates confusion for generic drugmakers.

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

• an article about a lawsuit filed by Judge Newman to halt the ongoing competency probe;
• another article going into greater detail about Judge Newman’s case;
• an article discussing the potential negative effects of the dispute with Judge Newman; and
• an article detailing a recent opinion by the Federal Circuit overruling the Patent Trial and Appeal Board.

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

• an article about the changing burdens in computer software copyrightability;
• a blog post about potential ethical dilemmas artificial intelligence presents to patent attorneys; and
• an article about a petition for certiorari that “outlined a confusing procedural history that arguably mirrors the broader confusion over Section 101.”

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

• an article about how the Federal Circuit’s investigation into Judge Newman’s health “faces an uncertain path . . . since the process is rarely invoked and presents legal questions that haven’t been tested in court”;
• a second article about the standard for inter partes review estoppel;
• a third article about a Delaware court ruling “that a patent covering a way of designing virtual environments reflected ‘a non-abstract technological improvement.’”