Opinions

Opinions & Orders – November 28, 2022

This morning the Federal Circuit released four nonprecedential orders. Each order dismisses an appeal. Here is text from the orders.

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Opinions

Opinion Summary – Uniloc USA, Inc. v. Motorola Mobility LLC

This month, the Federal Circuit issued its opinion in Uniloc USA, Inc. v. Motorola Mobility LLC, a patent case we have been following because it attracted an amicus brief. In this case, Uniloc sued Motorola for infringement of a patent that discloses pairing a telephone with another device and using the other device to make a call. The district court, however, denied Uniloc’s claim, finding that Uniloc did not hold all exclusionary rights to the patent in question for purposes of satisfying the requirement of standing. Uniloc appealed. In an opinion authored by Judge Dyk and joined by Judges Lourie and Hughes, the Federal Circuit affirmed the district court’s ruling. This is our opinion summary.

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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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Opinions

Opinions & Orders – November 23, 2022

Today the Federal Circuit released three nonprecedential orders. One grants a motion to dismiss an appeal for lack of jurisdiction; one denies a petition for panel rehearing and rehearing en banc; and one grants a motion to dismiss an appeal. Here is text from the first two orders and a link to the third order.

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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 questions related to the standard for claim construction. The court also denied a petition in a case raising a question related to burden of persuasion in inter partes review proceedings. Here are the details.

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Opinions

Opinions & Orders – November 22, 2022

This morning the Federal Circuit released two nonprecedential orders in patent cases denying petitions for writs of mandamus. Notably, both petitions sought to order the U.S. Patent and Trademark Office to terminate pending ex parte reexamination proceedings. The court also released an order dismissing an appeal. Here is text from the orders and a link to the dismissal.

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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 two new cases, one with an upcoming oral argument. Additionally, we highlight an opinion in a patent case, a patent case with a new brief, and argument recaps for three cases that were heard in October. Here are the details.

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Opinions

Opinions & Orders – November 21, 2022

Late Friday, the Federal Circuit released a nonprecedential order dismissing an appeal. This morning the Federal Circuit released three Rule 36 judgments, each involving the same parties. Here are the links to the order and Rule 36 judgments.

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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 about a $948 million patent infringement verdict between Intel and VLSI Technology LLC;
  • another article about a Federal Circuit decision finding a generic cancer drug infringes on “Abbvie’s Pharmacyclics and Johnson & Johnson’s Janssen Biotech . . . blockbuster cancer drug Imbruvica”; and
  • a blog post about a Federal Circuit decision affirming the Patent Trial and Appeal Board’s decision “involving American National Manufacturing and Sleep Number Corp.”
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Opinions

Opinions & Orders – November 18, 2022

This morning the Federal Circuit released a nonprecedential opinion in a government contract case appealed from the Court of Federal Claims. The Federal Circuit also released two nonprecedential orders. One of the orders denies a petition for a writ of mandamus that sought to order the Western District of Texas to transfer a case to the Northern District of California. The other order dismisses an appeal. Here is the introduction to the opinion, text from the order denying the petition, and a link to the dismissal.

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