FedCircuitBlog

Yesterday the Federal Circuit released a “Notice of Revised Building Access Restrictions and Protocols for In-Person Argument.” In addition to previous protocols released on October 25, 2021, the court has added a new building-wide mask requirement and various other restrictions for the National Courts Building. The court also issued revised protocols for in-person argument that includes mask mandates, attendance limitations, and health certifications that will apply once in-person argument resumes. Here is the text of the announcement.

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

• a blog post detailing the “top 10 patent cases: 1891 to 1951”;
• an article discussing how “[t]he Senate Judiciary Committee advanced Judge Leonard Stark’s nomination to the Federal Circuit”;
• another article explaining how “[t]wo of President Biden’s key nominations related to intellectual property law moved closer to confirmation on Thursday”; and
• yet another article assessing how the Federal Circuit recently explained that “a California district court erred in its claim construction.”

This morning the Federal Circuit issued three nonprecedential opinions. The first opinion comes in a patent case appealed from the Patent Trial Appeal Board, while the second and third opinions come in employment cases appealed from the Merit Systems Protection Board. Finally, the court released three Rule 36 judgments and one erratum. Here are the introductions to the opinions and links to the Rule 36 judgments and erratum.

This morning the Federal Circuit released a “Notice of Change to February 2022 Session.” In it, the court announced that it will be conducting all scheduled arguments for the February 2022 session by video conference, with a simultaneous live audio stream of each argument broadcast via the court’s YouTube channel. Here is the text of today’s announcement.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Since our last update the court denied a petition that raised a question related to the written description requirement. That’s it. Here are the details.

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

• an article detailing how “[t]hree judges of the Federal Circuit wrestled at oral argument with whether a trial court properly prevented publication of a patent application . . .”;
• another article discussing the Federal Circuit’s affirmation of a “district court’s finding that a patent claim does not fail the written description requirement merely because the specification fails to explicitly state a negative claim limitation”;
• another article detailing how the Federal Circuit has considered whether “USPTO reexam estoppel orders [are] appealable”; and
• yet another article stating that the Federal Circuit would hear a case “that threatens the statutory presumption afforded copyright registration.”

The Federal Circuit did not release any opinions or orders this morning on its website in light of Martin Luther King Jr. Day.

This morning the Federal Circuit announced that a read-aloud service is now available on the Federal Circuit website. The service is intended to provide an accessibility tool for users who have trouble reading, have visual impairments, or other limitations accessing information. Here is the text of today’s announcement.

This morning the Federal Circuit issued a precedential opinion in patent case appealed from the District of California. The opinion reverses a grant of summary judgment of non-infringement based on the Federal Circuit’s claim construction. The Federal Circuit also issued a nonprecedential order denying a petition for a writ of mandamus seeking to overrule the District of New Jersey’s decision to transfer a patent case to the Western District of Texas . Finally, the Federal Circuit issued a Rule 36 judgment. Here are the introductions to the opinion and order as well as a link to the Rule 36 judgment.

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

• a blog post detailing how “[t]otal utility patent grants are down about 7% for calendar year 2021”;
• another blog post explaining how, “[o]n January 6, 2022, the U.S. Patent and Trademark Office announced a new program with the goal of increasing examiner efficiency”;
• yet another blog post noting that this Blog “has an interesting post, including some briefs, on [this] week’s oral argument in SAS Institute Inc. v. World Programming Ltd.“; and
• an article discussing a recent takeaway in which a “Federal Circuit’s decision affirms the principle that competitive prejudice is an essential element of a viable bid protest.”