Recent News on the Federal Circuit

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

  • an article about how the “Federal Circuit on Friday appeared unlikely to overturn an injunction removing from the market a NeoGenomics Laboratories Inc. cancer screening test due to a pair of Natera Inc. patents”;
  • an article highlighting a Federal Circuit ruling that, “though marked non-precedential, arguably expands the application of the abstract idea exception to patentability under 35 U.S.C. §101 for blockchain technologies even when those patents are claiming the use of specialized, non-generic computer hardware”; and
  • an article discussing the Federal Circuit’s holding “that a California federal judge wasn’t wrong to deny an injunction request after declaring that a ‘substantial question of validity’ had been raised over a patent covering a way of testing the durability of a heart valve.”
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News

Recent News on the Federal Circuit

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 “justices declined to review the Federal Circuit’s holding that the one-year window for filing inter partes review petitions does not apply to companies seeking to join a challenge brought by another company”; and
  • an article presenting “post-argument thoughts” on the Federal Circuit’s recent “en banc oral argument to reconsider the obviousness test for design patents.”
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Recent News on the Federal Circuit

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

  • an article discussing a recent order from the Federal Circuit denying a petition for a writ of mandamus seeking to direct a district court to dismiss a patent infringement suit for improper venue; and
  • an article analyzing a recent Federal Circuit decision invalidating a patent covering an antenna system for a wireless network, “putting a multimillion-dollar jury award in question.”
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En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit. In the only pending en banc case, a veterans case, the court received the appellee’s supplemental brief. As for patent cases, the court received a new petition raising a question related to the ability to revise infringement contentions during litigation and denied two petitions raising questions related respectively to vacatur of a preliminary injunction and claim construction. Here are the details.

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En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received three petitions, one raising questions related to subject matter eligibility and two raising questions related to the applicable test for non-obviousness of designs under design patent law. The court invited a response to the petitions raising questions related to the applicable test for non-obviousness of designs under design patent law. Finally, the court denied a petition raising a question related to claim construction. Here are the details.

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Opinion Summary – Doyon v. United States

The Federal Circuit recently issued its opinion in Doyon v. United States, a case we have been following because it attracted amicus briefs in favor of Doyon. In the case, Doyon appealed a judgment of 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. In an opinion authored by Judge Chen and joined by Judges Newman and Linn, however, the Federal Circuit vacated the judgment of the Court of Federal Claims and remanded the case with instructions. This is our opinion summary.

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En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received a new petition raising a question related to the attorney-client privilege. The court also denied a petition in a case raising questions related to the standard for claim construction. Here are the details.

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Federal Circuit Announces Temporary Closing of the Clerk’s Office and Circuit Library

Yesterday, the Federal Circuit announced its Clerk’s Office and library will be closed today from 1:00 to 2:30 pm Eastern. Here is the text of the announcement.

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Opinions & Orders – December 13, 2022

Today the Federal Circuit released two nonprecedential orders dismissing appeals, a summary affirmance, and another order dismissing an appeal. Here is text from the first two orders and a link to the summary affirmance and last order.

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Federal Circuit Announces Closure for Thanksgiving

Late yesterday the Federal Circuit released an announcement that the court is closed both today and tomorrow in observance of today’s Thanksgiving holiday. Here is the full text of the announcement.

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