FedCircuitBlog

This week (and, as it turns out, next Monday) is Court week at the Federal Circuit. The court will convene nine panels to consider 54 cases. Of the 54 cases, the court will hear oral argument in 37. The Federal Circuit provides access to live audio of these arguments via the Federal Circuit’s YouTube channel. This month, one case scheduled for oral argument attracted an amicus brief and in one case the court appointed amicus curiae to present an oral argument. Here’s what you need to know about these cases.

In one case being argued at the Federal Circuit in July the court appointed counsel as amicus curiae. This case is Loomis v. Collins, a pro se veterans case. In it, Loomis appeals a decision of the Court of Appeals for Veterans Claims. The case presents questions related to educational assistance benefits and the validity of a regulation issued by the Department of Veterans Affairs. This is our argument preview.

Here is an update on activity in patent cases pending before panels of the Federal Circuit where the cases have attracted 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 three recent opinions in cases raising questions related to patent eligibility, Article III standing, and infringement; one newly identified case raising a question related to infringement that attracted three amicus briefs; one recent oral argument in a case that raised questions related to sanctions, one new response brief in a case that raised questions related to patent eligibility, and one new principal and response brief in a case that raised questions related to sanctions and obviousness. Here are the details.

Recently the Federal Circuit issued its opinion in Ollnova Technologies, Ltd. v. Ecobee Technologies ULC, a patent case we have been following because it attracted an amicus brief. In this case, the patent owner, Ollnova, appeals a district court’s denial of requested prejudgment interest, and the accused infringer, Ecobee, cross-appeals the district court’s decisions on jury instructions and multiple issues including eligibility, infringement, damages, and marking. In an opinion authored by Judge Chen and joined by Judges Cunningham and Stark, the panel affirmed-in-part, dismissed-in-part, vacated the judgment, and remanded the case. This is our summary of the opinion.

One case being argued at the Federal Circuit in July attracted an amicus brief. This case is In re Satius Holding, Inc., a patent case. In it, Satius appeals a decision of the Patent Trial and Appeal Board in an ex parte reexamination. In the appeal, Satius presents questions related to claim construction and prosecution history disclaimer. This is our argument preview.

Earlier this month the Federal Circuit issued its opinion in Arendi S.A.R.L. v. Oath Holdings Inc., a patent case we have been following because it attracted an amicus brief. In this case, Arendi S.A.R.L. appealed a judgment of a district court, raising questions concerning patent eligibility, claim construction, indefiniteness, and infringement. In an opinion authored by Judge Linn and joined by Judges Dyk and Hughes, the court affirmed the judgment. This is our summary of the opinion.

Last month, the Federal Circuit issued its opinion in A.L.M. Holding Co. v. Zydex Industries Private Ltd., a patent case we have been following because it attracted an amicus brief. In this case, A.L.M. Holding appealed a district court’s conclusion that it lacked Article III standing. In an opinion authored by Judge Chen and joined by Judges Cunningham and Stark, the panel reversed and remanded. This is our summary of the panel’s opinion.

Recently the Federal Circuit issued its opinion in Constellation Designs, LLC v. LG Electronics Inc., a patent case we have been following because it attracted an amicus brief. In this case, LG Electronics appealed a judgment of the Eastern District of Texas, which granted summary judgment of eligibility and denied judgment as a matter of law of noninfringement. In an opinion authored by Judge Stoll and joined by Judges Lourie and Oetken, a district judge from New York sitting by designation, the panel vacated-in-part, affirmed-in-part, and remanded the district court’s judgment. This is our summary of the opinion.

Last week, the Federal Circuit heard oral argument in OpenSky Industries, LLC v. VLSI Technology LLC, a patent case we have been tracking because it attracted an amicus brief. In this case, OpenSky cross appeals to challenge sanctions issued by the Director of the Patent and Trademark Office as part of an inter partes review proceeding before the Patent Trial and Appeal Board. Notably, this case is related to VLSI Technology LLC v. OpenSky Industries, LLC, which was argued in May. Judges Dyk, Linn, and Reyna heard the oral argument last week. This is our argument recap.

Last month, the Federal Circuit heard oral argument in Wyeth LLC v. AstraZeneca Pharmaceuticals LP, a patent case we have been tracking because it attracted an amicus brief. In this case, Wyeth appeals a lower court’s grant of judgment as a matter of law of invalidity. The case presents questions related to claim construction as well as whether pre-issuance provisional rights under the Patent Act extend to induced infringement. Judges Lourie, Linn, and Hughes heard the oral argument. This is our argument recap.