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 how the “Supreme Court weighed oral arguments” last week “in a case over how a century-old law is applied to decide Department of Veterans Affairs benefits when there is an equal balance of evidence to support or deny a disability claim”;
• an article that provides “an overview of the current state” of obviousness-type double patenting in light of recent Federal Circuit decisions;
• an article reporting how “[t]he deadline for comments on the U.S. Patent and Trademark Office’s (USPTO) updated subject matter eligibility guidance” has passed and how the majority of submissions “overwhelmingly call for more detail in the guidance in order to avoid undue restrictions on patentability of critical artificial intelligence (AI) technologies”; and
• a blog post discussing a recent Federal Circuit decision that addressed the argument that “claim construction is improper at the Rule 12(b)(6) stage.”

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

• an article highlighting seven Federal Circuit decisions from August, which “provided some helpful clarity on [obviousness-type double patenting], written description, indefiniteness, and the support needed for an exceptional case finding”;
• an article discussing how the Supreme Court has “denied yet another petition for writ of certiorari seeking clarity on the patent eligibility of claims covering improvements to computer technologies under 35 U.S.C. § 101”; and
• a blog post discussing a recent en banc petition the author says “highlights the tension between judicial efficiency and the court’s constitutional duty to independently review agency actions.”

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

• an article reporting how the Federal Circuit heard “arguments at law schools and courthouses around the San Francisco Bay Area this week”;
• an article highlighting “the intense debate over restoring injunctive relief for patent holders,” noting how “two different camps within the pro-strong-patent rights community have emerged”;
• an article discussing yesterday’s oral argument in a case addressing whether inter partes review proceedings may consider abandoned patent applications published after the filing date of a patent under review; and
• a blog post discussing how the Patent Office “recently terminated proceedings in approximately 3,100 patent applications due to the fraudulent use of a practitioner’s signature.”

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 a case set for argument this week in which the “Federal Circuit is set to decide an important issue regarding the scope of prior art that can be considered during inter partes review (IPR) proceedings”;
• an article reporting how the Supreme Court recently “turned down several petitions seeking review of decisions in patent cases, including appeals dealing with double patenting, patent eligibility and Patent Trial and Appeal Board procedures”; and
• an article highlighting a recent Federal Circuit decision vacating and remanding a case because the lower court “wrongly dismissed” a claim “seeking a refund on tax penalties.”

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 presentation of an “annual Pauline Newman Award” by IPWatchdog that included a discussion involving former Federal Circuit Judge Paul Michel and Judge Newman;
• an article discussing the Federal CIrcuit’s recent decision to revive “a footwear company’s claim accusing Crocs Inc. of making misleading promotional statements about ‘patented’ foam material”; and
• a blog post suggesting another recent Federal Circuit decision “underscores the high evidentiary bar patentees must clear to invoke the entire market value rule, especially for complex, multi-component products.”

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

• an article reporting how “Congressional hearings scheduled for [last] Thursday to mark up several bills related to patents . . . have been postponed until after Election Day due to the Senate’s adjournment”;
• an article outlining “trends that practitioners, particularly litigators, would be wise to pay close attention to” related to eligibility and software patents; and
• a blog post reporting on the United States Patent and Trademark Office’s announcement that there was “a significant error in its patent term adjustment (PTA) calculations, potentially affecting patents issued between March 19, 2024, and July 30, 2024.”

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

• an article discussing Judge Newman’s suspension and a “report by Dr. Aaron G. Filler released Tuesday by Newman’s lawyers with the New Civil Liberties Alliance”;
• an article addressing the current state of software patent eligibility “since the Supreme Court’s seminal decision in Alice Corp. v. CLS Bank Int’l“; and
• a blog post highlighting the Federal Circuit’s recent order granting a petition for en banc rehearing “focusing on the admissibility of expert testimony regarding patent damages.”

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

• a blog post reporting how the markup of three proposed bills to reform patent law was postponed from last Thursday to this Thursday; and
• an article discussing the announcement of a “new inventors’ rights group” called the “Inventors Defense Alliance,” which aims to help “startups, small businesses, and entrepreneurs defend their intellectual property rights and access capital.”

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

• an article highlighting how the Federal Circuit recently “vacated a decision axing a[] . . . drug patent based on an argument not presented at trial and chastised the federal judge in Delaware who issued it”;
• an article discussing how the Federal Circuit “reverse[d], in whole or in part, the PTAB only about 20% of the time” in July;
• an article explaining that in a recent opinion, the Federal Circuit “affirmed a district court’s decision to grant a motion to dismiss a patent infringement case . . . due to patent ineligibility” of “image tagging patents”; and
• a blog post explaining that the “Federal Circuit is set to hear oral arguments in . . . a case that could significantly impact Orange Book patent listing (and delisting) practices under the Hatch-Waxman Act.”

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

• a statement commenting on that the Senate Judiciary Committee’s “historic markup of three bipartisan, bicameral pro-patent bills” this Thursday;
• an article reporting that a bipartisan group of Representatives has recently “introduced the ‘Nurture Originals, Foster Art, and Keep Entertainment Safe Act of 2024’ (NO FAKES Act)” in the House of Representatives;
• an article highlighting 11 key patent cases to “look out for” this fall in both the Federal Circuit and the Supreme Court.