FedCircuitBlog

Earlier this month, the Federal Circuit released its opinion in Micron Technology Inc. v. Longhorn IP, LLC, a patent case we have been following because it attracted three amicus briefs. In it, the Federal Circuit reviewed a judgment of the District of Idaho, which held that federal patent law does not preempt Idaho’s Bad Faith Assertions of Patent Infringement Act and, as a result, imposed a bond of $8 million on Longhorn before the court would proceed with the case. In an opinion authored by Judge Lourie, the panel, consisting of Judges Lourie, Schall, and Stoll, dismissed the appeal for lack of jurisdiction without reaching the merits. This is our opinion summary.

Last month, the Federal Circuit issued an order denying a petition for a writ of mandamus in In re SAP America, Inc., a patent case. We have been following the case because it attracted two amicus briefs. The petition presented two questions related to alleged due process and separation of powers violations by the Patent and Trademark Office, focusing on the retroactive revocation of agency guidance related to discretionary denials of petitions for inter partes review. Judge Linn authored the order denying the petition. Here is a summary of the order.

Last month, the Federal Circuit issued an order denying a petition for a writ of mandamus in In re Motorola Solutions, Inc., a patent case we have been following because it attracted five amicus briefs. In the petition, Motorola Solutions challenged the Patent and Trademark Office’s rescission of a memorandum governing discretionary denial of petitions for inter partes review. Motorola argued the rescission violated the Administrative Procedure Act as well as its due process rights. Judge Linn authored the order denying the petition. This is our summary of the order.

This week is Court Week at the Federal Circuit. The court will convene 12 panels to consider 71 cases. Of the 71 cases, the court will hear oral argument in 46. The Federal Circuit provides access to live audio of these arguments via the Federal Circuit’s YouTube channel. This month, three cases scheduled for oral argument attracted amicus briefs. Here’s what you need to know about these three cases.

As we’ve been reporting, three cases being argued at the Federal Circuit in December attracted amicus briefs. One of these cases, Hamill v. Collins, is a veterans case. In it, Hamill appeals a dismissal by the Court of Appeals for Veterans Claims of his mandamus petition. He urged that court to order the Department of Veterans Affairs to issue an appealable decision readjudicating the character of his discharge, and to certify a class of veterans who received other than honorable discharges and then applied for benefits but received decisions that adjudicated only healthcare eligibility, not including readjudication of the character of their discharges. The lower court dismissed his petition as moot because Hamill received a determination from VA that he had not submitted new and material evidence related to the character of his discharge. This is our argument preview.

Three cases being argued at the Federal Circuit in December attracted amicus briefs. One of these cases is Constellation Designs, LLC v. LG Electronics Inc., a patent case. In it, LG Electronics Inc., LG Electronics U.S.A., Inc., and LG Electronics Alabama, Inc. appeal a district court’s grant of summary judgment of eligibility and its order denying judgment as a matter of law of noninfringement and no damages.

Here is an update on activity in cases pending before panels of the Federal Circuit where the cases involve at least one amicus brief. We keep track of these cases in the “Other Cases” section of our blog. Today, with respect to these cases, we highlight two new opinions, four recent oral arguments, and five upcoming oral arguments. Here are the details.

As we have been noting all week, five cases being argued in November at the Federal Circuit attracted amicus briefs. The fifth of those case is Micron Technology Inc. v. Longhorn IP LLC, a patent case. In it, Longhorn IP and Katana Silicon Technologies appeal from a district court’s imposition of bonds they say effectively preclude them from prosecuting claims for patent infringement. This is our argument preview.

As we have been reporting, five cases being argued at the Federal Circuit in November attracted amicus briefs. One of these cases is Crocs, Inc. v. International Trade Commission, a trademark case. In it, Crocs appeals a denial of a general exclusion order by the International Trade Commission. This is our argument preview.

As we have been reporting, five cases being argued at the Federal Circuit in November attracted amicus briefs. As we reported yesterday, two of these cases will be argued together, and both are styled In re United States. In the second case, the International Trade Commission petitions the Federal Circuit to issue a writ of mandamus ordering the Court of International Trade to retain the Commission’s designation of certain information as business proprietary information and to vacate a related opinion and order. This is our argument preview.