FedCircuitBlog

Here is an update on recent en banc activity at the Federal Circuit. Highlights include a new petition filed in a patent case raising questions related to intervention in inter partes review proceedings; a new response to a petition raising questions related to anticipation of patent claims; the denial of a petition raising questions related to claim preclusion; and the denial of a petition in a pro se case. Here are the details.

This morning, the Federal Circuit issued one precedential opinion in a patent case and one nonprecedential opinion in a patent case. Additionally, the court issued one Rule 36 judgment. Here are the introductions to the opinions and a link to the Rule 36 judgment.

• Federal Circuit Judge Newman Calls for Overhaul of Patent Law – Judge Newman advocated for patent law reform at an intellectual property conference on Friday.
• Federal Circuit Will Not Second-Guess IPR Institution Denials – The Federal Circuit confirmed its stance on refusing to review denials of inter partes review through a number of orders this week.
• Federal Circuit Grants Apple Petition for Writ of Mandamus to Transfer Uniloc Suit – Uniloc’s case against Apple will continue in California after the Federal Circuit issued a writ of mandamus directing the Western District of Texas to transfer the case.

Here’s the latest.

The Federal Circuit did not publish any opinions or orders this morning.

This morning, the Federal Circuit issued a precedential opinion in a patent case explaining the difference between waiver and forfeiture. Here is the introduction to the opinion.

• USPTO Says Interested Party Rulings Aren’t ‘Shenanigans’ – The U.S. Patent and Trademark Office defended against accusations that the agency engaged in “shenanigans” when it did not require Google to be named as an interested party during a review of a mobile website patent.
• Guitar Pedalboard Patent Sent for New PTAB Review by Fed. Cir. – The Federal Circuit ruled on Monday that the Patent Trial and Appeal Board erred when the board analyzed a guitar pedalboard patent and rejected an earlier electrical relay patent as analogous prior art.
• Heart Monitor Maker Asks High Court to Clear Eligibility Muddle – InfoBionic Inc. suggests that a Supreme Court review of its case involving a dispute over a cardiac monitoring patent could provide clarity around which inventions are eligible for patents.

Here’s the latest.

The Federal Circuit did not publish any new opinions or orders this morning.

This post summarizes recent activity at the Supreme Court in cases decided by the Federal Circuit.

• The Supreme Court received one new cross-petition for writ of certiorari in Hologic, Inc. v. Minvera Surgical, Inc.
• One new response to the petition in Minerva Surgical, Inc. v. Hologic, Inc. was filed with the Court by Hologic.
• Two new amicus briefs were filed in Minerva Surgical, Inc. v. Hologic, Inc. in support of Minerva, the first by Engine Advocacy and the second by a group of Intellectual Property Professors.
• One waiver of right to respond to the petition in Rutila v. Department of Transportation was filed with the Court by the Department of Transportation.
• Lastly, the Supreme Court denied the petitions for writ of certiorari in two cases: (1) Personal Audio, LLC v. CBS Corp. and (2) Arctic Cat Inc. v. Bombardier Recreational Products Inc.

Here are the details.

The Federal Circuit did not publish any opinions or orders this morning.

Here is an update on recent en banc activity at the Federal Circuit. As for granted petitions, a new brief was filed in one of the two pending veterans cases. As for pending petitions, highlights include two new petitions, one in a patent case raising questions related to claim construction and one in a pro se case; and the denial of four petitions in patent cases raising questions related to obviousness, prosecution history estoppel, vitiation, reasonable royalties, and sanctions. Here are the details.