FedCircuitBlog

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

• an article discussing last week’s Senate markup hearing where lawmakers announced that they plan to “delay consideration of both the Patent Eligibility Restoration Act (PERA) and the Promoting and Respecting Economically Vital American Innovation Leadership Act (PREVAIL Act)”;
• an article reporting how U.S. Patent and Trademark Office Director Kathi Vidal announced that “she will leave the office in mid-December ahead of the incoming administration of Republican President-Elect Donald Trump”;
• a blog post highlighting an upcoming en banc review by the Federal Circuit that will “address fundamental questions about the reliability standards for expert damages testimony in patent cases”; and
• an article examining the law surrounding patent marking after a recent Federal Circuit decision “seemingly revived a private actor’s right to bring a cause of action for false marking via the unfair competition and false advertising provisions of Section 43(a) of the Lanham Act.”

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 the “Senate Judiciary Committee may consider two important patent laws this week: the Promoting and Respecting Economically Vital American Innovation Leadership (PREVAIL) Act and the Patent Eligibility Restoration Act (PERA)”; and
• an article highlighting a petition for a writ of certiorari filed with the Supreme Court “presenting the question of whether the U.S. Court of Appeals for the Federal Circuit’s (CAFC’s) habit of issuing one-word affirmances under Rule 36(a) is prohibited under 35 U.S.C. § 144.”

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

• an article predicting how “[t]wo proposed laws affecting patents may come up for vote by the Senate Judiciary Committee after the election”;
• an article discussing the Federal Circuit’s opinions in patent cases in September;
• a blog post highlighting a recent Federal Circuit decision that vacated a “denial of an anti-suit injunction in a major FRAND licensing dispute”; and
• an article reporting how a “federal judge in Minnesota recused himself from a patent case more than five years into proceedings after the Federal Circuit reversed his interpretation of a key patent term.”

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

• an article suggesting that, “although pursuit of an appeal to the Federal Circuit may under some circumstances prove to be quicker and less expensive, appeals to district courts are becoming increasingly attractive” ;
• an article discussing a recent petition in which an “owner of an invalidated background-check software patent urged the U.S. Supreme Court to consider the Federal Circuit’s suspension of 97-year-old Judge Pauline Newman, whose absence on the court the company says deprived it of a potentially sympathetic ear”; and
• a blog post discussing a recent Federal Circuit decision “holding that conclusory expert testimony is insufficient even for relatively simple technologies.”

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

• an announcement reporting on the creation of a new “IP-Focused American Inn of Court named after Judge Kara F. Stoll”;
• an article describing a recent event where “[j]udges from the U.S. Court of Appeals for the Federal Circuit shared insights into how they decide cases and gave career advice to students after a special session of live oral arguments at UC Law San Francisco”; and
• an article suggesting that the USPTO’s current Patent Term Adjustment rules are “subject to shifting judicial precedent and their strict application creates ‘traps’ which can subvert congressional intent.”

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 the “Supreme Court weighed oral arguments” last week “in a case over how a century-old law is applied to decide Department of Veterans Affairs benefits when there is an equal balance of evidence to support or deny a disability claim”;
• an article that provides “an overview of the current state” of obviousness-type double patenting in light of recent Federal Circuit decisions;
• an article reporting how “[t]he deadline for comments on the U.S. Patent and Trademark Office’s (USPTO) updated subject matter eligibility guidance” has passed and how the majority of submissions “overwhelmingly call for more detail in the guidance in order to avoid undue restrictions on patentability of critical artificial intelligence (AI) technologies”; and
• a blog post discussing a recent Federal Circuit decision that addressed the argument that “claim construction is improper at the Rule 12(b)(6) stage.”

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

• an article highlighting seven Federal Circuit decisions from August, which “provided some helpful clarity on [obviousness-type double patenting], written description, indefiniteness, and the support needed for an exceptional case finding”;
• an article discussing how the Supreme Court has “denied yet another petition for writ of certiorari seeking clarity on the patent eligibility of claims covering improvements to computer technologies under 35 U.S.C. § 101”; and
• a blog post discussing a recent en banc petition the author says “highlights the tension between judicial efficiency and the court’s constitutional duty to independently review agency actions.”

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

• an article reporting how the Federal Circuit heard “arguments at law schools and courthouses around the San Francisco Bay Area this week”;
• an article highlighting “the intense debate over restoring injunctive relief for patent holders,” noting how “two different camps within the pro-strong-patent rights community have emerged”;
• an article discussing yesterday’s oral argument in a case addressing whether inter partes review proceedings may consider abandoned patent applications published after the filing date of a patent under review; and
• a blog post discussing how the Patent Office “recently terminated proceedings in approximately 3,100 patent applications due to the fraudulent use of a practitioner’s signature.”

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

• a blog post discussing a case set for argument this week in which the “Federal Circuit is set to decide an important issue regarding the scope of prior art that can be considered during inter partes review (IPR) proceedings”;
• an article reporting how the Supreme Court recently “turned down several petitions seeking review of decisions in patent cases, including appeals dealing with double patenting, patent eligibility and Patent Trial and Appeal Board procedures”; and
• an article highlighting a recent Federal Circuit decision vacating and remanding a case because the lower court “wrongly dismissed” a claim “seeking a refund on tax penalties.”

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 presentation of an “annual Pauline Newman Award” by IPWatchdog that included a discussion involving former Federal Circuit Judge Paul Michel and Judge Newman;
• an article discussing the Federal CIrcuit’s recent decision to revive “a footwear company’s claim accusing Crocs Inc. of making misleading promotional statements about ‘patented’ foam material”; and
• a blog post suggesting another recent Federal Circuit decision “underscores the high evidentiary bar patentees must clear to invoke the entire market value rule, especially for complex, multi-component products.”