FedCircuitBlog

This morning the Federal Circuit released a precedential opinion in a patent case appealed from the Patent Trial and Appeal Board. In its opinion, the court dismissed-in-part for lack of jurisdiction as to a cancelled claim and affirmed-in-part the Board’s determination that the remaining challenged claims are not patentable because they are obvious. The Federal Circuit also released three nonprecedential orders. One dismisses an appeal as frivolous; one summarily affirms; and one grants an unopposed motion to transfer an appeal from the Northern District of Texas to the Court of Appeals for the Fifth Circuit. Finally, the Federal Circuit released a Rule 36 judgment. Here is the introduction to the opinion, text from the orders, and a link to the Rule 36 Judgment.

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 a disposition in a veterans case, a brief filed by the government in a patent case raising a question related to the Appointments Clause, and an upcoming argument in another patent case raising questions related to standing. Here are the details.

This morning the Federal Circuit released two nonprecedential orders. One grants a joint motion to dismiss an appeal; one grants a motion to remand a case to the Merit Systems Protection Board. Here is text from the orders.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, Arellano filed his reply brief in Arellano v. McDonough. With respect to petitions, one new petition was filed with the Court in a Rule 36 case, three amicus briefs were submitted in a patent case, and a brief in opposition was submitted in the same patent case. Here are the details.

The Federal Circuit did not release any opinions or orders this morning on its website.

The Federal Circuit has scrapped its plan to unseal records in hundreds of cases. Last week, we reported how the Federal Circuit announced its intention to unseal a significant number of sealed paper case records and then send those records to the National Archives and Records Administration. The court directed parties to show cause why those records should not be unsealed and made available to the public. Late yesterday, however, the Federal Circuit announced it has issued a new order rescinding its show cause order. The court explained this reversal as “due to administrative impracticality.” Instead of unsealing these records, the court now indicates, the records “will be transferred in due course to the National Archives and Records Administration for permanent retention in their current state.” Here is the full text of the announcement as well as text from the accompanying, new order.

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 critical date of prior art. The court also received a response to a petition raising questions related to the written description requirement. Finally, the court denied a petition in a case raising questions related to obviousness-based inherency of claim limitations. Here are the details.

This morning the Federal Circuit released a precedential opinion in a patent case appealed from the Patent Trial and Appeal Board. The court affirmed the Board’s rejection of patent claims based on lack of subject matter eligibility. The Federal Circuit also released a nonprecedential order dismissing an appeal. Here is the introduction to the opinion and a link to the dismissal.

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 recent Federal Circuit decision addressing estoppel in inter partes review patent proceedings;
• an article discussing another recent decision in which an “Endo International Plc subsidiary failed to convince the Federal Circuit that a generic version of its bestselling blood-pressure drug infringed its patents”;
• a third article summarizing another recent decision invoking “the rule prohibiting recapture of subject matter surrendered during prosecution” following an amendment “to overcome a § 101 patent eligibility rejection.”

This morning the Federal Circuit released a nonprecedential opinion in a case appealed from the Court of Federal Claims. In the opinion, the Federal Circuit explains why it affirms a dismissal for lack of subject matter jurisdiction. Here is the introduction to the opinion.