FedCircuitBlog

This morning the Federal Circuit released a precedential opinion in Arthrex, Inc. v. Smith & Nephew, Inc., a patent case on remand from the Supreme Court. In its opinion, the Federal Circuit affirmed both a decision of the Patent Trial and Appeal Board finding claims unpatentable as anticipated and a denial of a request to review the Board’s decision, a denial decided by the Commissioner for Patents given vacancies in the positions of Director and Deputy Director of the U.S. Patent and Trademark Office. Here is the introduction to the opinion.

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

• an article discussing how the government advised the Supreme Court that a pending patent case is a “‘suitable vehicle for providing greater clarity’ on when an invention can be patented”;
• another article addressing the Federal Circuit’s “focus on using mandamus to compel transfer of cases”; and
• a third article explaining how the “Federal Circuit’s newest judge continues to hear Delaware cases” after his promotion.

This morning the Federal Circuit released seven nonprecedential orders. One grants a motion to remand to the Western District of Texas; one grants a motion to transfer venue; one grants a motion to remand to the Patent Trial and Appeal Board; one transfers an appeal to the Court of Appeals for the Ninth Circuit; one summarily affirms; and two grant motions to dismiss. Here is text from the orders and links to the dismissals.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, six amicus briefs were filed in a veterans case in support of the petitioner. With respect to petitions, two new petitions were filed in a patent case concerning alleged fraud on the court and a pro se veteran’s case; a waiver of a right to respond was filed in the patent case; another waiver of a right to respond was filed in a veterans case; a brief in opposition was filed in a patent case concerning eligibility; and a petitioner filed a reply in support of a petition in another patent case raising questions about eligibility. Here are the details.

This morning the Federal Circuit released a nonprecedential opinion dismissing an appeal for lack of jurisdiction. Notably, Judge Reyna filed an opinion with additional views expressing “disbelief” concerning the statutory scheme surrounding appeals of arbitration decisions in federal employee grievances. The Federal Circuit also released a nonprecedential order dismissing a veterans case appealed from the Court of Appeals for Veterans Claims. Here is the introduction to the opinions and text from the order.

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

• an article discussing how, “[o]nce thought to be a toss-up, the Federal Circuit is now ruling for appellees nearly twice as often as appellants”;
• another article addressing how a recent Federal Circuit decision “shows [a] less rigid analysis” of corroboration of inventorship; and
• a third article highlighting several pending Supreme Court petitions in patent cases, including more than one that “raise important questions on Section 101 patent eligibility jurisprudence.”

This morning the Federal Circuit released a precedential opinion in a trade case appealed from the Court of International Trade; a nonprecedential opinion in a patent case appealed from the Patent Trial and Appeal Board; and a nonprecedential order granting a joint motion to voluntarily dismiss an appeal. Here are the introductions to the opinions and text from the order.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court denied two petitions for rehearing raising questions related to the presumption of nexus in a non-obviousness analysis. Here are the details.

This morning the Federal Circuit released a nonprecedential opinion in a patent case appealed from the Patent Trial and Appeal Board. Notably, Judge Newman dissented. The Federal Circuit also released a nonprecedential order granting petitions to order the Eastern District of Texas to transfer three consolidated cases to the Northern District of California. Here is the introduction to the opinion and text from the order.

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

• an article discussing an amicus brief filed by a group of intellectual property professors in support of an en banc petition in a patent case raising questions about claim construction;
• another article addressing a recent Federal Circuit decision that “clarifies infringement analysis”; and
• a third article detailing how the U.S. Supreme Court denied a petition to review a Federal Circuit patent case.