FedCircuitBlog

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today we highlight:

• an article noting how the Federal Circuit “said on Monday that it would extend its suspension of 98-year-old judge Pauline Newman for another year”;
• a piece discussing how “[t]he Trump administration’s trade policy faces a critical test” this week as the Federal Circuit was “scheduled to hear oral arguments . . . in V.O.S. Selections v. Trump” yesterday;
• a report detailing how “[t]he Trump administration is considering a plan to raise tens of billions of dollars with a new fee that would transform the patent system”;
• an article describing how the U.S. Patent and Trademark Office “on Tuesday ordered administrative patent judges to address all grounds raised in America Invents Act petitions when issuing their final decisions”; and
• a blog post discussing how “18 Republican Senators asked the Trump Administration . . . to fill the vacant position of Chief Innovation and Intellectual Property Negotiator.”

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today we highlight:

• an article covering how the Patent and Trademark Office is “requiring all parties to appear in person for hearings before the Patent Trial and Appeal Board”;
• a piece discussing how “[t]he full Federal Circuit on Wednesday declined to reconsider its first-ever patent eligibility decision involving machine learning”;
• a blog post analyzing how a recent Federal Circuit decision “allowed the court to sidestep broader questions about when patent law issues arising in arbitration contexts warrant Federal Circuit review”; and
• an article suggesting a recent Federal Circuit decision “could make it easier for major brands to oppose trademark applications by market rivals.”

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today we highlight:

• a report discussing how the Federal Circuit recently confirmed “the narrow nature of the path to appeal the U.S. Patent and Trademark Office’s decisions whether to launch validity reviews”;
• a blog post highlighting how “two more amici have now weighed in . . . in a case challenging the U.S. Patent and Trademark Office’s (USPTO’s) rescission of former Director Kathi Vidal’s guidance on discretionary denial”;
• a piece discussing how before a recent Federal Circuit’s decision courts wrestled “with the extent to which IPR estoppel bars patent challengers in district court litigation from raising invalidity arguments based on prior art that was or reasonably could have been raised”; and
• a blog post highlighting how “a backlog of cases before” the Merit Systems Protection Board “that had been all but cleared out earlier this year has started to build again, as the board lacks a quorum to consider appeals of decisions by the agency’s hearing officers.”

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today we highlight:

• an article highlighting how the “U.S. Patent and Trademark Office urged the Federal Circuit on Friday to reject allegations that its handling of policies governing Fintiv-based discretionary denials violates due process”;
• a blog post discussing how the Federal Circuit “reversed a $106 million jury verdict” in “a decision that broadens the reach of prosecution history estoppel (and thus limits doctrine of equivalents)”; and
• an article suggesting that the Federal Circuit “took an important initial step toward recalibration” when it “mandated the retrial of a $20 million damages ruling in EcoFactor, Inc. v. Google LLC.“

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today we highlight:

• a post highlighting how “[s]everal amici have weighed in this week on a petition challenging the U.S. Patent and Trademark Office’s (USPTO’s) recession of former USPTO Director Kathi Vidal’s guidance on discretionary denial”;
• an article examining the “courtroom showdown over President Trump’s tariffs” and how “it could still take a lot longer to permanently settle the legal question of whether the president has the authority to impose his wide-ranging tariffs”;
• a piece discussing how the U.S. Patent and Trademark Office is “adding an image search tool . . . to existing tools for utility patent examiners” to expand “how artificial intelligence is used in patent examination”; and
• an article covering how “Novartis Pharmaceuticals Corp. convinced the Federal Circuit to temporarily block MSN Pharmaceuticals Inc. from launching a generic version of blockbuster heart-failure drug Entresto while the two sides contest the need for a lengthier pause.”

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today we highlight:

• an article discussing how the Federal Circuit “recently clarified what prior art may be part of a ‘ground’ in an [inter partes review] and therefore subject to IPR estoppel”;
• a blog post on analyzing “several dozen new discretionary denials” issued by U.S. Patent and Trademark Office Acting Director Coke Morgan Stewart last week;
• a piece discussing the U.S. Patent and Trademark Office’s new “[i]nterim processes for [Patent Trial and Appeal Board] Workload Management”; and
• an article reporting on how Radian Memory Systems LLC “withdrew its injunction motion seeking to block certain Samsung Electronics Co. products several weeks after the Trump administration filed a rare statement of interest in the case.”

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today we highlight:

• a piece suggesting recent decisions by Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart “provide helpful guidance” on how the Patent Trial and Appeal Board will interpret and apply new discretionary denial procedures;
• a post criticizing Stewart for having “inundated patent litigators in May and June with dozens of rulings altering the landscape of discretionary denials at the Patent Trial and Appeal Board”;
• an article discussing how “Congress is considering a bill that would effectively overturn” Supreme Court decisions dealing with patent protections, thus “[empowering] US innovators to compete with their rivals in China and Europe on a level playing field”; and
• a blog post indicating “[a]n important recent development in pharmaceutical patent law is the Federal Circuit’s embrace of . . . infringement by drug label.”

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today we highlight:

• an article discussing how administrative judges at the Merit Systems Protection Board have “seen a flood of new cases land on their dockets, causing their caseloads to increase by the week;”
• a blog post focusing on United States Patent and Trademark Office Acting Director Coke Morgan Stewart’s “newly implemented ‘settled expectations’ doctrine that treats patent age as a primary factor for denying institution;”
• a piece claiming “acting Director Coke Morgan Stewart’s discretionary denial in the iRhythm Technologies Inc. v. Welch Allyn Inc. cases on June 6 has sent shockwaves through the patent litigation community;” and
• an article maintaining “[p]roposed legislation to change the process adjudicating patent infringement in cases involving ‘skinny labels’ is a solution in search of a problem.”

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today we highlight:

• an article examining how “[t]ech companies are embracing an unorthodox appellate procedure to challenge policy shifts expanding the US Patent and Trademark Office director’s power”;
• another article covering how advocacy groups “have thrown their support behind” a challenge to the USPTO’s retroactive application of “a decision withdrawing earlier guidance on when the Patent Trial and Appeal Board should not review patent challenges”;
• a post discussing how “certain comments” by U.S. Patent and Trademark Office Director nominee John Squires “during his Senate Judiciary Confirmation hearing . . . could reflect alignment not only with Acting Director Stewart, but with Congress’s objective when it passed the Leahy-Smith America Invents Act”;
• a blog post criticizing a recent Federal Circuit decision for offering “a concerning example of the Federal Circuit departing from well-established patent claim construction doctrine”; and
• a piece covering how “James Woodruff II, Trump’s nominee” for the Merit Systems Protection Board, saw his nomination advance out of a Senate committee “on an 8-4 vote.”

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today we highlight:

• a piece suggesting “[r]ecent Trump Administration actions point to enhanced support for patent rights”;
• a report analyzing a “dramatic increase in denials of Patent Trial and Appeal Board petitions” following guidance issued on March 24;
• a post discussing how the Patent Trial and Appeal Board “on Thursday designated as informative a Director Review decision,” in which “Acting Director Coke Morgan Stewart said the Board abused its discretion by instituting two petitions for inter partes review (IPR) challenging the same claims”; and
• an article discussing how “[t]he U.S. Patent and Trademark Office will establish its new Southeast Regional Outreach office at its Alexandria headquarters,” which reverses “a previous decision to locate the facility in Atlanta.”