FedCircuitBlog

Agency May Deny Patents if Inventors Delay Process, Court Says – Perry Cooper submitted an article on BloombergLaw.com about repercussions of a recent Federal Circuit case addressing prosecution laches, Hyatt v. Hirshfeld. 

How to Get “Boxed-In” and Blow a Judgment You Received: Sleeping in the Bed You Made – Five authors, Amanda Murphy, Brooke Winer, Melissa Santos, Grodan Wright, and Thomas Irving, wrote an article posted on NationalLawReview.com reporting on the holding from a recent Federal Circuit patent case, Cap Export, LLC v. Zinus, Inc., where the Federal Circuit affirmed a district court’s decision to set aside a judgment based on “affirmative misrepresentations” related to alleged prior art.

Recent Case Action Restores Confidence in Federal Whistleblowers – Mathew B. Tully reported on FedSmith.com that a recent decision by the Federal Circuit, Tao v. Merit Systems Protection Board, “has favorable implications for federal employee whistleblowers.”

Here is the latest.

SCOTUS Denies Review of Patent Dispute over Groundbreaking Cancer Treatment – Blake Brittain wrote an article for Reuters explaining the Supreme Court’s decision to decline review in Ono Pharmaceutical Co Ltd v. Dana-Farber Cancer Institute Inc. 

Slow down on Mandamus: Federal Circuit Refuses to Short Circuit Judge Albright’s Decision Process – On PatentlyO.com, Dennis Crouch posted about another mandamus venue case arriving at the Federal Circuit from Judge Albright’s Waco, Texas courtroom. 

Here’s the latest.

The Federal Circuit did not release any opinions or orders today given the Memorial Day holiday.

If San Francisco Is Not Your Final Destination… – On NatLawReview.com, George Summerfield and Katherine Allor examine the Federal Circuit’s recent patent case addressing personal jurisdiction, Trimble, Inc. v. PerDiemCo LLC.

New Vision Gaming & Development, Inc. v. SG Gaming, Inc. – Kevin E. Noonan reports on this case that we have been tracking, which involved alleged due process violations by the Patent Trial and Appeal Board. 

Here is the latest.

Yesterday the United States Senate’s Committee on the Judiciary heard testimony from Tiffany Cunningham, President Biden’s nominee to become the newest judge on the Federal Circuit. Here is a collection of reports about yesterday’s hearing.

Chicago attorney Tiffany Cunningham Sprints Through Senate Judiciary Committee Hearing – Lynn Sweet, a reporter for the Chicago Sun Times, mentions in her article that “[i]f confirmed, [Cunningham] will be the first Black judge to sit on the U.S. Court of Appeals for the Federal Circuit in D.C.”

Who is Tiffany Cunningham? – In her article on NationalReview.com, Carrie Campbell Severino reviews President Biden’s nominee for the Federal Circuit, Tiffany Cunningham, and the recent Senate Judiciary Committee nomination hearing.

Judge (Upcoming) Tiffany Cunningham – Dennis Crouch reports on PatentlyO.com on Tiffany Cunningham’s hearing and attaches Cunningham’s written answers.

Federal Circuit is ‘Dream Job,’ Cunningham Tells Senate Panel – Matthew Bultman, on BloombergLaw.com, reports about the nominee Tiffany Cunningham, who described a seat on the Federal Circuit as a “dream job.”

Here are more details on each article or blog post.

Federal Circuit PTAB Appeal Statistics through April 30, 2021 – In an article posted to the National Law Review, Daniel Klodowski and Elliot Cook reported on statistics related to the Federal Circuit’s resolution of appeals from the Patent Trial and Appeal Board.

Partial Victory for L’Oreal In Hair Coloring Fight – Jillian Ambrose and Christine Hawes posted to CrowellTradeSecretsTrends.com about a recent opinion by the Federal Circuit in a trade secrets battle between Olaplex, Inc. and L’Oreal.

Vaccine Injury Victim Gets Pay, Despite Medical Records Silence – Mary Anne Pazanowski explained how a Vaccine Act claimant was awarded compensation after the Federal Circuit reversed a lower court’s decision.

Here is the latest.

• Can a Patent Violate the Laws of Chemistry and Physics? – In this blog post, Audrey Millemann of TheIPBlog.com explains that the quick answer is no, patents may not violate the laws of chemistry and physics.
• Federal Circuit Reaffirms Targeted Advertising Is an Abstract Concept – On NationalLawReview.com, three Finnegan attorneys report on a recent determination by the Federal Circuit that certain claims were directed to an abstract idea of targeted advertising.

Here’s the latest.

• Federal Circuit Affirms Decision to Vacate Judgment Following Evidence of Fraud – Joseph Marinelli at JDSupra.com commented on a recent decision by the Federal Circuit that may have implications in future attempts to vacate a final judgments based on allegations of fraud, misrepresentation, or misconduct by an opposing party.
• Federal Circuit Revives Trimble Patent Claims in Jurisdiction Ruling – Blake Brittain from Reuters reported about the Federal Circuit’s reversal of a district court’s decision to dismiss for lack of personal jurisdiction.
• License Agreement Not Enough for Standing on Appeal of an IPR Apple Inc. v. Qualcomm Inc. – Alexandra Leigh Lodge and George E. Quillin reported for NationalLawReview.com about how Apple was unable to prove that it had standing to appeal final written decisions of the Patent Trial and Appeal Board.

Here is the latest.

• Consensus-Building Judge Taking the Reins at Federal Circuit – According to Perry Cooper at BloombergLaw.com, as the new Chief of the Federal Circuit, Judge Moore could try to bring the court together on sticky issues.
• Court Reverses Ruling Critics Said Left Feds Vulnerable to Retaliation, Citing ‘Magnitude’ of Errors – Eric Katz at GovernmentExecutive.com commented on a recent employment law decision by the Federal Circuit reversing the Merit Systems Protection Board.
• Australian Company Loses Ugg Trademark Battle – Yan Zhuang from the New York Times reported on a Federal Circuit trademark decision that reportedly “hits a nerve for Australians, who consider [Ugg] footwear a national, if unfashionable, symbol.”

Here is the latest.

• Lin Names Sebela Ireland Ltd. v. Prinston Pharmaceutical Inc. as the Case of the Week – In his weekly summary of Federal Circuit activity, Eric Lin named Sebela Ireland Ltd. v. Prinston Pharmaceutical Inc. as his case of the week.
• Spotlight on Upcoming Oral Arguments – May 2021 – Kaitlyn Pehrson summarizes upcoming oral arguments that will occur in the first week of May.
• Welcome To The Next Era of The Federal Circuit – Dani Kass provides an informative overview of how the makeup of the Federal Circuit will change in the near future.

Here’s the latest.