FedCircuitBlog

• SCOTUS Denial of TCL v. Ericsson Petition Means Juries Decide Damages for SEP Infringement – The Supreme Court declined to review a Federal Circuit decision requiring jury trials for the determination of damages for past infringing activities.
• Full Federal Circuit Grapples With Right to Review VA Manual – The Federal Circuit’s first telephonic oral argument for an en banc rehearing of a case was held last Thursday.

Here’s the latest.

• Supreme Court Hears Copyright Battle Between Google and Oracle – The historic and multibillion-dollar copyright suit made its way to the Supreme Court on Wednesday. 
• Fed. Circ. Orders Redo In ‘Extremely Frustrating’ Patent Case – The Federal Circuit states that fundamental questions need to be resolved before the court can make a decision regarding a patent claim construction fight.
• Rently Makes Section 101 Bid to High Court – Just as the Supreme Court kicked off its new term by denying to review a Section 101 eligibility decision, Rently urges the High Court to review its case.

Here’s the latest.

• Showdown Looms on Cost Accounting Standards – Boeing can challenge a Federal Acquisition Regulation provision regarding Cost Accounting Standards thanks to a recent Federal Circuit decision.
• A $75 Million Drug Sale Lands Teva a $235 Million Penalty – The Federal Circuit awarded $235 million to Glaxosmithkline for Teva’s sale of a generic version of a Glaxosmithkline heart medicine.

Here’s the latest.

• Inventor Group Wants To Halt All New PTAB Reviews – U.S. Inventor has filed an injunction request seeking to bar the PTAB from instituting any new patent reviews. However, unlike several tech companies who want to diminish the authority of the USPTO director to deny institution, U.S. Inventor hopes to enhance it.
• Biogen’s Patent Loss Spotlights Need to Stress Invention Novelty – The Federal Circuit’s recent decision emphasizes the need for patent applicants, particularly when seeking to patent biological drug products, to distinguish their inventions from those previously introduced to the public.
• Federal Circuit: Patent Directed to Physician to Patient Communication System Abstract, Invalid – The Federal Circuit issued an opinion earlier this month, which addressed both Section 101 patent eligibility and recusal under 28 U.S.C. § 455(a).

Here’s the latest.

• A Patent Crisis—Supreme Court Can Help America Compete Again – Former Chief Judge of the Federal Circuit, Randall Rader, discusses the need for a strong patent system in the United States in light of recent decisions and international competition.
• Federal Circuit Shoots Down Apple Bid to Strike Certain Voip-Pal Claims Upheld by PTAB – The Federal Circuit affirmed the PTAB’s finding of validity of Voip-Pal’s patent and upheld the sanctions granted against Apple in Apple Inc. v. Voip-Pail.com, Inc.
• IP at the Supreme Court: 2 Big Cases and a Lot of Long Shots – With the Supreme Court already granting certiorari to one case appealed from the Federal Circuit, other cases may also warrant review by the nation’s highest court.

Here’s the latest.

• Why Patents Can Matter In Trade Secret Cases – A recent petition for certiorari to the Supreme Court in Acer America Corp. v. Intellisoft, Ltd., highlights the critical interrelationship between trade secret law and patent law.
• Fed. Circ. Won’t Revive Presidio’s Capacitor Patent Claims – The Federal Circuit issued a nonprecedential opinion in a patent case involving a capacitor, described by the Federal Circuit as “a device that stores energy in an electric field when connected to an electrical circuit.”
• Supreme Court to consider all sides’ cert petitions in Arthrex patent-law case – Next week, the U.S. Supreme Court meets for its first conference since the summer recess. The agenda includes the controversial decision in Arthrex, Inc. v. Smith & Nephew.

Here’s the latest.

• Apple and Uniloc to Spar at Federal Circuit Over ‘Judge-Shopping’ – Apple and Uniloc are scheduled to appear before the Federal Circuit for a rare oral argument on a petition for a writ of mandamus.
• PTAB Strategies and Insights – September 2020: Does the Federal Circuit Treat APA Challenges Differently if Brought by Petitioner vs. Patent Owner? Yes. – The Federal Circuit came to different conclusions when examining final written decisions appealed by a patent owner as opposed to a petitioner.

Here’s the latest.

• Dana-Farber Tells Fed. Circ. Not To Revisit Inventorship Ruling – In July, a panel decision sided with the Dana-Farber Cancer Institute and ruled that work by co-inventors performed independently constituted joint inventorship. Dana-Farber now urges the full Federal Circuit not to reconsider the panel’s decision.
• Citing ‘clear’ error, Fed Circuit moves HP patent case out of East Texas – The U.S. Court of Appeals for the Federal Circuit ordered a Texas federal court to transfer a patent case from the Eastern District of Texas to Northern California.
• A Conversation with USPTO Director Andrei Iancu on the Patent System and the Innovation Economy – Andrei Iancu recently talked with Adam Mossoff, the chair of the Forum for Intellectual Property at the Hudson Institute.

Here’s the latest.

• Federal Circuit’s O’Malley: Supreme Court doesn’t have stomach for another 101 case – Federal Circuit Judge Kathleen O’Malley recently expressed concern over whether the Supreme Court will address patentable subject matter.
• An Argument for Mandatory Production of Limited Secondary Consideration Evidence by Petitioners in Inter Partes Reviews – Kristin Doyle advocates for the Patent Trial and Appeals Board to adopt the same approach to secondary consideration evidence as the Federal Circuit
• What We Learned About Biologics on Summer Vacation – Broad claim construction, licensing, and antitrust concerns have been among the trends for cases involving biologics at the Federal Circuit.

Here’s the latest.

• ITC Ruling Offers Chance For Infringer Reprieve From Import Bans – For the first time, the U.S. International Trade Commission has suspended enforcement of a remedial order based on an earlier decision from the Patent Trial and Appeal Board.
• Racing Tribunals: The Judge, the Jury, and the PTAB – Later this fall, the U.S. Supreme Court will rule on the petition Personal Audio, LLC v. CBS Corporation. Dennis Crouch explores how this case adds an important third tribunal to the patent story.

Here’s the latest.