Here is an update on recent en banc activity in patent cases at the Federal Circuit. A new petition was filed in a patent case raising questions concerning patent eligibility. Here are the details.
Opinion Summary – Backertop Licensing LLC v. Canary Connect, Inc.
Earlier this month the Federal Circuit issued its opinion in Backertop Licensing LLC v. Canary Connect, Inc., a patent case that attracted an amicus brief. In this case the Federal Circuit reviewed a determination by the District of Delaware that an out-of-state non-party was in contempt of court for disregarding an order requiring her to testify at a hearing. The Federal Circuit, in an opinion authored by Judge Hughes that was joined by Judges Prost and Stoll, affirmed the contempt order of the district court. This is our opinion summary.
Opinions & Orders – July 30, 2024
This morning the Federal Circuit released two nonprecedential opinions and four nonprecedential orders. Both opinions affirm judgments of the Merit Systems Protection Board. The first order remands a case to the Central District of California. The second transfers a case to the Southern District of Ohio. The last two orders are both dismissals. Here are the introductions to the opinions and first two orders and links to the remaining orders.
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 reporting on how lawmakers are considering reforms to intellectual property litigation and the U.S. International Trade Commission; and
- an article discussing the “battle” that has “embroiled” the Federal Circuit and Judge Newman, the oldest living federal judge.
Opinions & Orders – July 29, 2024
The Federal Circuit did not release any orders or opinions on its website today.
Opinions & Orders – July 26, 2024
This morning the Federal Circuit released one precedential opinion and one nonprecedential order. The opinion affirms in part and reverses in part a judgment of the Patent Trial and Appeal Board. The order remands a case appealed from the Patent Trial and Appeal Board for further proceedings. Here are the introductions to the opinion and order.
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 reporting on a special committee of the Federal Circuit recommending that Judge Newman be suspended from case assignments for another year for failing to undergo required neurological exams; and
- an article reporting on the same special committee’s opinion that Judge “Newman’s refusal to submit to medical testing by the Committee’s selected doctors as ‘serious misconduct.’”
Opinions & Orders – July 25, 2024
This morning the Federal Circuit released one nonprecedential opinion and six nonprecedential orders. The opinion affirms a judgment from the Western District Court of Pennsylvania in a patent case. The first order reinstates an appeal and vacates a previous judgment while also affirming a decision from the Trademark Trial and Appeal Board. All the other orders are dismissals. Here is the introduction to the opinion and links to the orders.
Recent Supreme Court Activity
Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. The only new activity this week was a new brief in opposition filed in a pro se case. Here are the details.
Federal Circuit Releases Materials Related to Its Investigation of Judge Newman
This morning the Federal Circuit announced that it has released materials in its investigation related to Judge Newman. Most notably, the materials include a report and recommendation of the special committee unanimously recommending “a further one-year sanction during which Judge Newman will not be permitted to hear cases at the panel or en banc level, subject to renewal if the refusal to cooperate found here continues after that time and subject to modification or rescission if Judge Newman alters her conduct and begins to cooperate with the Committee.” Here is the full text of today’s announcement with links to the released material.