FedCircuitBlog

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today we highlight:

• a report discussing how the Federal Circuit recently confirmed “the narrow nature of the path to appeal the U.S. Patent and Trademark Office’s decisions whether to launch validity reviews”;
• a blog post highlighting how “two more amici have now weighed in . . . in a case challenging the U.S. Patent and Trademark Office’s (USPTO’s) rescission of former Director Kathi Vidal’s guidance on discretionary denial”;
• a piece discussing how before a recent Federal Circuit’s decision courts wrestled “with the extent to which IPR estoppel bars patent challengers in district court litigation from raising invalidity arguments based on prior art that was or reasonably could have been raised”; and
• a blog post highlighting how “a backlog of cases before” the Merit Systems Protection Board “that had been all but cleared out earlier this year has started to build again, as the board lacks a quorum to consider appeals of decisions by the agency’s hearing officers.”

This morning, the Federal Circuit released a nonprecedential opinion in a series of consolidated inter partes review proceedings appealed from the Patent Trial and Appeal Board. Here is the introduction to the opinion.

This morning, the Federal Circuit released one precedential opinion and two nonprecedential opinions. The precedential opinion came in a case appealed from the Trademark Trial and Appeal Board. One of the nonprecedential opinions came in a patent infringement and false advertising case appealed from the District of Utah, and the other nonprecedential opinion came in a case appealed from the Civilian Board of Contract Appeals. Here are the introductions to the opinions.

Here is an update on recent en banc activity at the Federal Circuit. Since our last update, the government filed its response brief in President Trump’s appeal challenging judgments and injunctions entered by the Court of International Trade in cases related to his tariffs. Additionally, the Federal Circuit received two new responses to petitions for en banc review filed in patent cases along with two new amicus briefs in a patent case and a takings case. Finally, the court recently denied one petition for en banc review in a patent case. Here are the details.

Earlier this month, the Federal Circuit heard oral arguments in Apple Inc. v. International Trade Commission, a patent case we have been following because it attracted several amicus briefs. In this case, Apple appealed from a judgment of the International Trade Commission, arguing the Commission erred in concluding that Masimo established an existing domestic industry, in concluding that five patent claims are infringed and not invalid, and in rejecting Apple’s prosecution laches defense. Judges Lourie, Reyna, and Stark heard the oral arguments. This is our argument recap.

This morning, the Federal Circuit released one precedential opinion, one nonprecedential opinion, and one nonprecedential order. The precedential opinion affirms a decision of the Patent and Trademark Office not to apply interference estoppel and to invalidate challenged patent claims as obvious. The nonprecedential opinion comes in a case appealed from the Court of Appeals for Veterans Claims. The nonprecedential order denies a petition for a writ of mandamus. Here are the introductions to the opinions and order.

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today we highlight:

• an article highlighting how the “U.S. Patent and Trademark Office urged the Federal Circuit on Friday to reject allegations that its handling of policies governing Fintiv-based discretionary denials violates due process”;
• a blog post discussing how the Federal Circuit “reversed a $106 million jury verdict” in “a decision that broadens the reach of prosecution history estoppel (and thus limits doctrine of equivalents)”; and
• an article suggesting that the Federal Circuit “took an important initial step toward recalibration” when it “mandated the retrial of a $20 million damages ruling in EcoFactor, Inc. v. Google LLC.“

Late Friday, the Federal Circuit released two nonprecedential orders, one dismissing an appeal and one affirming a district court and remanding in light of the Supreme Court’s reversal of the Federal Circuit’s judgment. This morning, the Federal Circuit released a nonprecedential opinion affirming a decision of the Patent Trial and Appeal Board. The court also released a nonprecedential order dismissing a petition for review of a decision of the Merit Systems Protection Board. Here are the introductions to the opinion and the order on remand from the Supreme Court, along with links to the dismissals.

Late yesterday, the Federal Circuit released s nonprecedential order dismissing an appeal. This morning, the Federal Circuit released s precedential opinion in a patent infringement case appealed from the Central District of California. The Federal Circuit also released two nonprecedential opinions, one in a case appealed from the Court of Appeals for Veterans Claims and one in a case appealed from the Court of Federal Claims. Finally, the Federal Circuit released four nonprecedential orders, two denying petitions for writs of mandamus, one remanding a settled case, and one dismissing an appeal. Here are the introductions to the opinions and orders and links to the dismissals.

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today we highlight:

• a post highlighting how “[s]everal amici have weighed in this week on a petition challenging the U.S. Patent and Trademark Office’s (USPTO’s) recession of former USPTO Director Kathi Vidal’s guidance on discretionary denial”;
• an article examining the “courtroom showdown over President Trump’s tariffs” and how “it could still take a lot longer to permanently settle the legal question of whether the president has the authority to impose his wide-ranging tariffs”;
• a piece discussing how the U.S. Patent and Trademark Office is “adding an image search tool . . . to existing tools for utility patent examiners” to expand “how artificial intelligence is used in patent examination”; and
• an article covering how “Novartis Pharmaceuticals Corp. convinced the Federal Circuit to temporarily block MSN Pharmaceuticals Inc. from launching a generic version of blockbuster heart-failure drug Entresto while the two sides contest the need for a lengthier pause.”