FedCircuitBlog

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• a blog post discussing how, in “a recent nonprecedential decision, the Federal Circuit upheld the USPTO’s denial of a former patent examiner’s application to register as a patent practitioner”;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.”

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.”

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.”

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.”

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.”

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.”

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.”

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.”

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

• a news post covering how the “nomination hearing to vet Donald Trump’s pick for Secretary of Commerce, Howard Lutnick . . . touched on several key points relevant to the intellectual property system”;
• a blog post discussing how the joint memorandum from the Office of Management and Budget and the Office of Personnel Management requiring a return to office and hiring freeze “could significantly impact patent operations”;
• an article analyzing how the “Federal Circuit has been urged by startups and attorneys to reject calls by Google to tighten rules for admitting patent damages testimony” in the court’s upcoming en banc case; and
• a report suggesting “recent actions to purge diversity programs from the federal government and private sector could undermine one of the top objectives of the U.S. Patent and Trademark Office in recent years: expanding access to innovation.”

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 “Howard Lutnick, President Donald Trump’s nominee for commerce secretary, labeled the U.S. Patent and Trademark Office’s patent application backlog ‘unacceptable’ and committed to end what he called China’s abuse of the agency” in his Senate confirmation hearing;
• a blog post discussing how the Federal Circuit recently held that the “U.S. Patent and Trademark Office’s (USPTO’s) Patent Trial and Appeal Board (PTAB) has jurisdiction over expired patents brought before it in inter partes review (IPR) proceedings”;
• an news alert discussing how the New Civil Liberties Alliance has filed an amicus brief claiming that “[t]he Federal Circuit must either permit the unlawfully suspended Judge Pauline Newman to participate in consideration of EcoFactor v. Google, or else vacate the order granting en banc rehearing in this case”; and
• an article analyzing the “top 5 most important bid protest decisions of 2024.”