Opinions / Panel Activity

Opinion Summary – Thaler v. Vidal

Last week, the Federal Circuit issued its opinion in Thaler v. Vidal, a patent case we have been watching because it attracted amicus briefs. On appeal, Thaler sought review of a district court’s grant of summary judgment to the U.S. Patent and Trademark Office, which decided that an artificial intelligence machine cannot be an inventor under the Patent Act. In a unanimous opinion authored by Judge Stark and joined by Chief Judge Moore and Judge Taranto, the Federal Circuit affirmed the district court. This is our opinion summary.

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Court Week / Panel Activity

Court Week – August 2022

This week is Court Week at the Federal Circuit, and here’s what you need to know. The court will convene just four panels to consider about 19 cases. Notably, none of this week’s cases attracted amicus briefs. Of the 19 cases, the court will hear oral arguments in 16. Here is a list of this week’s cases.

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Opinions / Panel Activity

Opinion Summary – Koninklijke Philips N.V. v. Thales USA, Inc.

This month, the Federal Circuit issued its opinion in Koninklijke Philips N.V. v. Thales USA, Inc., a patent case we have been watching because it attracted amicus briefs. In this case, Thales appealed a district court’s denial of a motion for a preliminary injunction. Thales sought to “prevent Philips from pursuing an . . . exclusion order against Thales” at the International Trade Commission based on a commitment by Philips to license its patents on fair, reasonable, and nondiscriminatory terms. In a relatively short precedential opinion, a Federal Circuit panel comprised of Chief Judge Moore and Judges Dyk and Chen affirmed the denial of a preliminary injunction. This is our opinion summary.

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Panel Activity

Update on Important Panel Activity

Here is this month’s 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 an opinion in a patent case addressing the denial of a motion for a preliminary injunction seeking to enjoin the International Trade Commission, a new patent case appealed from the Patent Trial and Appeal Board, and two oral argument recaps in a veterans case and a patent case concerning prosecution laches. Here are the details.

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Argument Recap / Panel Activity

Argument Recap – Personalized Media Communications, LLC v. Apple Inc.

Earlier this month, the Federal Circuit heard oral argument in Personalized Media Communications, LLC v. Apple Inc., a patent case we have been tracking because it attracted amicus briefs. In this case, Personalized Media Communications appeals a district court’s decision to overturn a jury verdict. While the district court applied the “equitable doctrine of prosecution latches,” PMC claims the district court committed legal error and abused its discretion in ruling that PMC engaged in an “egregious misuse” of the patent system. This is our argument recap.

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Argument Recap / Panel Activity

Argument Recap – Doyon v. United States

Earlier this month, the Federal Circuit heard oral argument in Doyon v. United States, a case in which Doyon appeals a judgment by the Court of Federal Claims upholding a decision by the Board for the Correction of Naval Records to deny an application to modify his discharge records. Three amicus briefs were filed by veterans organizations in support of Doyon. This is our argument recap.

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Opinions / Panel Activity

Opinion Summary – Milton v. United States

Last month, the Federal Circuit issued its opinion in Milton v. United States, a takings case we have been following because it attracted an amicus brief. In this case, the plaintiffs-appellants asked the court to reverse a Court of Federal Claims decision granting summary judgement in favor of the United States. Numerous parties asserted takings claims against the government based on properties being flooded by the U.S. Army Corps of Engineers when the Addicks and Barker Reservoirs released water during Hurricane Harvey. In a unanimous opinion authored by Judge Cunningham and joined by Judges Lourie and Chen, the Federal Circuit reversed the decision of the Court of Federal Claims and remanded the case for further proceedings. This is our opinion summary.

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Argument Preview / Panel Activity

Argument Preview – Personalized Media Communications, LLC v. Apple Inc.

This week we are previewing oral arguments in two cases that attracted amicus briefs. Today we highlight Personalized Media Communications, LLC v. Apple, Inc. On appeal, Personalized Media Communications challenges a district court’s decision to overturn a jury verdict based on the equitable doctrine of prosecution latches. Personalized Media argues the district court committed legal error and abused its discretion in ruling that Personalized Media engaged in an “egregious misuse” of the patent system. This is our argument preview.

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Court Week / Panel Activity

Court Week – What You Need to Know

This week is Court Week at the Federal Circuit, with hearings starting today. The Federal Circuit is providing access to live audio of each panel scheduled for argument via the Federal Circuit’s YouTube channel. In total, the court will convene six panels to consider about 36 cases. Of these 36 cases, the court will hear oral arguments in 24. Of these argued cases, two attracted amicus briefs: one veterans case and one patent case. Here’s what you need to know about these two cases.

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Argument Preview / Panel Activity

Argument Preview – Doyon v. United States

We are previewing oral arguments scheduled for this month at the Federal Circuit in two cases that attracted amicus briefs. Today we highlight Doyon v. United States, a case in which Doyon appeals a judgment by the Court of Federal Claims upholding a decision by the Board for the Correction of Naval Records to deny an application to correct discharge records. Three amicus briefs were filed by veterans organizations in support of Doyon. This is our argument preview.

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