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Recent News 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 reporting how last week “the U.S. Supreme Court denied petitions for writ of certiorari in several appeals involving intellectual property claims”;
  • a blog post arguing that a recent decision by the Federal Circuit “significantly expands what activities can establish a ‘domestic industry’ under the International Trade Commission’s patent power found in 19 U.S.C. § 1337(a)(2)”;
  • a piece claiming the Federal Circuit recently “indicated . . . that it doesn’t plan to overturn precedent holding that inventors forfeit their patent rights when they cause unreasonable delays in the application process”; and
  • a report explaining how Cellspin Soft, Inc. recently petitioned the Supreme Court, claiming the Federal Circuit “wrongly upheld a district court’s decision not to recuse herself before clearing companies including Google LLC unit Fitbit LLC in a patent-infringement suit.”
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Featured / News

Recent News 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:

  • a blog post arguing that in a recent case “the Federal Circuit was wrong in affirming the district court’s refusal to enhance damages”;
  • a piece likening the current U.S. patent system to the Titanic, asserting it is “fast approaching an iceberg with disaster imminent”;
  • a report explaining how the Supreme Court recently “declined to hear a patent owner’s challenge of the court’s framework for analyzing potentially abstract ideas not eligible for patent protection”; and
  • an article reporting how the Federal Circuit “has refused to revisit its decision forcing Teva Pharmaceuticals to delist certain inhaler patents from the US Food and Drug Administration’s (FDA) Orange Book.”
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Featured / News

Recent News 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:

  • a piece covering how two senators recently “introduced the Realizing Engineering, Science, and Technology Opportunities by Restoring Exclusive (RESTORE) Patent Rights Act of 2025, which would restore patent owners’ right to the rebuttable presumption that a court will issue an injunction upon a finding of patent infringement”;
  • a blog post discussing how, in “a recent nonprecedential decision, the Federal Circuit upheld the USPTO’s denial of a former patent examiner’s application to register as a patent practitioner”;
  • a report explaining how recently “Halo Electronics’ nearly two-decades-old dispute with a rival completed its fifth trip to the Federal Circuit”; and
  • an article reporting how the Trump administration is going to “rescind the Biden Justice Department’s (DOJ) plan to bail out pharmaceutical giant Moderna to the tune of up to $3 billion for alleged patent infringement.”
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Featured / News

Recent News 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:

  • a piece arguing that “it’s time for the U.S. Supreme Court to address” the Federal Circuit’s “excessive use of Rule 36”;
  • a blog post discussing how a recent petition for certiorari “highlights an interesting procedural quirk in Illinois law that may require Supreme Court intervention to resolve an important state law question about the scope of litigation privilege”;
  • a report covering how the Supreme Court recently declined “to hear a meat slicer company’s challenge to the authority of the Federal Circuit to overturn jury verdicts in patent cases”; and
  • a report covering how a “US Patent and Trademark Office executive who managed key appeals at the agency’s tribunal and previously served as solicitor accepted President Donald Trump‘s voluntary resignation off[er] for federal employees.”
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News

Recent News 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:

  • a piece written by former Federal Circuit Chief Judge Paul Michel assessing how, in his view, “patents granted by the U.S. Patent and Trademark Office (USPTO) are not sufficiently dependable”;
  • a blog post discussing how a recent Federal Circuit decision “offers a glimpse into the evolving relationship between utility and enablement in patent law”;
  • a report providing an overview of the “Federal Circuit’s reversals and vacaturs in 2024 [Patent Trial and Appeal Board] appeals; and
  • a blog post examining how the Patent Trial and Appeal Board recently “overturned an examiner’s rejections of an application directed to a quantum computing invention.”
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Featured / News

Recent News 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:

  • a piece discussing the difference in approaches regarding what constitutes “patentable subject matter” between the United States and the United Kingdom;
  • a blog post reviewing Judge Newman’s “recently filed reply brief and the Federal Circuit’s recent hiring of adversarial experts against Judge Newman”;
  • a blog post overviewing the Supreme Court’s 2024-2025 patent docket; and
  • an article claiming that a recent decision by the Federal Circuit “makes clear that the [International Trade Commission]’s powerful import bans aren’t just available to major businesses.”
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Featured / News

Recent News 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 predicting that Howard Lutnick will “soon be confirmed by the Senate to be the next Secretary of Commerce”;
  • a piece discussing how several companies filed an amicus brief challenging jury instructions in a Texas case, telling the Federal Circuit the instructions “‘lower the standard for patent eligibility’”;
  • a blog post analyzing how the Federal Circuit “has reversed a controversial . . . decision that had invalidated composition of matter claims as abstract ideas”; and
  • a report covering how “MSN Laboratories Pvt. Ltd. urged the Federal Circuit to reconsider a three-judge panel’s January ruling that revived a patent for Novartis AG’s blockbuster heart-disease drug Entresto.”
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Featured / News

Recent News 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 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.”
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News

Recent News 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 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.”
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Featured / News

Recent News 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:

  • 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.”
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