FedCircuitBlog

Two cases being argued in December at the Federal Circuit attracted amicus briefs. One is Lockheed Martin Aeronautics Co. v. Secretary of the Air Force, which concerns whether the federal government’s resort to unilateral price determinations under two F-16 Aircraft contracts constituted government claims under the Contract Disputes Act of 1978. Specifically, in this case, the Federal Circuit will review a determination by the Armed Services Board of Contract Appeals that it lacked subject matter jurisdiction because the government’s price modifications did not constitute government claims. This is our argument preview.

This morning the Federal Circuit released four nonprecedential orders.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

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.

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.

Today the Federal Circuit released three nonprecedential orders.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.

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.

This morning the Federal Circuit released two nonprecedential orders in patent cases denying petitions for writs of mandamus.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.

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.

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.

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.”