FedCircuitBlog

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

• a blog post assessing whether Section 1052(c) of the Lanham Act is “a “First Amendment-free zone”;
• an article analyzing Cellspin Soft’s challenge of the U.S. Patent and Trademark Office’s denial of “Director review following a pair of inter partes review (IPR) proceedings”;
• another article discussing the Federal Circuit’s affirmation of a Patent Trial and Appeal Board ruling “that certain claims were invalid as anticipated by an earlier priority application from the same family”; and
• yet another article explaining how the Trademark Trial and Appeal Board determined that “[a] trademark registration applicant can’t register a mark for a business that is in the ‘nascent stage.’”

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

• two articles discussing Federal Circuit-nominee and currently District of Delaware Judge Leonard Stark’s recent confirmation hearing;
• another article about a potential patent infringement lawsuit related to a COVID-19 vaccine; and
• an article discussing a recent petition filed at the Supreme Court related to patent eligibility law.

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 Federal Circuit’s trend of “directing Judge Alan Albright . . . to transfer a case to the Northern District of California”;
• a blog post explaining how “the Federal Circuit reversed a finding of ineligibility for claims directed to a computer authentication method”;
• an article assessing how the Federal Circuit “[a]ddress[ed] venue in the context of a Hatch-Waxman case” and “explained that sending a paragraph IV notice letter to a company in the district is insufficient to establish venue”; and
• another article discussing a Federal Circuit ruling in a government contract case.

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

• an article detailing “orders [that] are the latest in a recent series from the Federal Circuit disagreeing with Albright’s analysis of transfer requests”;
• a blog post similarly discussing “[f]our new mandamus orders from the Federal Circuit stemming from Judge Alan Albright’s court in Waco Texas”;
• another article emphasizing the “the importance of contract principles in arbitrability determination[s]”; and
• another blog post explaining how “[t]he Federal Circuit [is] continu[ing] its stringent (if misguided) application of the scope of subject matter eligibility by invalidating claims.”

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

• an article detailing how “[t]he Federal Circuit and Judge Albright have been in a constant state of tension over case transfers”;
• another article discussing how Judge Albright was recently “[c]ritical of recent Federal Circuit decisions”; and
• a third article discussing how “Judge Leonard P. Stark will bring a wealth of patent experience to 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 Judge Albright “said the Federal Circuit’s rulings had ‘muddled what facts are relevant’ in determining which court can hear the case faster”;
• a blog post addressing the Federal Circuit’s conclusion that “[a] design [patent] claim is limited to the article of manufacture identified in the claim”;
• another article detailing how in an opposition to a trademark “an opposer cannot show standing by merely showing the registrant competes with the opposer and receives a benefit from an unlawful trademark”; and
• another post explaining how “[t]he Federal Circuit brought some measure of clarity to the question [of proper venue] recently when it affirmed a District Court dismissal of an ANDA action on improper venue grounds.”

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

• an article detailing how Judge Stark “has presided over slightly more wins for patent owners than accused infringers compared to federal judges nationwide”;
• another article expanding on how Judge “Stark’s Delaware court is one of the most active patent courts in the country, and also hears a wide range of other disputes involving major companies”;
• another article discussing the Patent Trial and Appeal Board’s reversal of a decision where “no reasonable fact finder could find an expectation of success based on the teachings of that same prior art”; and
• a blog post emphasizing a recent trend of how “in recent opinions the Federal Circuit seems to have adopted the ‘(cleaned up)’ citation when citing ‘busy’ sources.”

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

• two articles discussing how Chief Judge Leonard Stark of the District of Delaware will be President Biden’s second nominee to the Federal Circuit;
• another article detailing how “Judge Tiffany P. Cunningham, the Federal Circuit’s first addition to the judge lineup in six years, hit the ground running during her first appearance on the bench”; and
• a blog post addressing the Federal Circuit’s handling of venue and mandamus petitions.

Today the White House announced President Biden’s intent to nominate Leonard Stark, currently a District Judge for the District of Delaware, to serve as a Circuit Judge on the Federal Circuit. The announcement highlighted Judge Stark’s extensive experience serving as a judge in the District of Delaware, which handles a substantial share of the nation’s patent infringement cases at the trial level. This announcement follows news of Judge Kathleen O’Malley’s planned retirement, scheduled for March, 2022. Notably, this will be President Biden’s second nomination to the Federal Circuit, following the nomination of now-Judge Tiffany Cunningham. Here is the text of today’s announcement, followed by some additional information about Judge Stark.

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

• an article about last Friday’s Fed Circuit Blog symposium, noting how two law professors “argued . . . that it might be time to reevaluate the 40-year ‘experiment’ of the Federal Circuit”;
• another article about Friday’s symposium, explaining that other “law professors . . . were torn between whether the appeals court was ‘overstepping’ or reacting rationally to a judge who does not always take the court’s direction”;
• a blog post discussing the backgrounds of the judges of the Patent Trial and Appeal Board; and
• an article analyzing a recent Federal Circuit ruling that a “heart monitor patent . . . is invalid for claiming only an abstract idea.”