FedCircuitBlog

Last month, the Federal Circuit issued a per curiam order in In re Comcast Cable Communications, LLC, a patent case we have been following because it attracted an amicus brief. In this case a petition for a writ of mandamus presented a question whether venue is proper when a patent owner fails to establish that every step of a patented method was performed in a judicial district. In a order authored per curiam, Judges Prost, Chen, and Hughes denied the petition. Here is a summary of the order.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Since our last update, three new petitions for en banc rehearing have been filed. These petitions raise questions related to claim construction and the Administrative Procedure Act. Additionally, the Federal Circuit denied a petition for en banc rehearing that raised a question related to sanctions. Here are the details.

Here is an update on activity in 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 one recent opinion, two recent orders, and five new cases. Here are the details.

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.