FedCircuitBlog

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

• The Supreme Court received three new petitions this week in (1) Cochlear Corporation v. Alfred E. Mann Foundation for Scientific Research, (2) Arctic Cat Inc. v. Bombardier Recreational Products Inc., and (3) Acer America Corporation v. Intellisoft, Ltd.
• Two briefs in response to petitions were filed with the Court, the first by Rovi in Comcast Cable Communications, LLC v. Rovi Guides, Inc., and the second by Facebook in B.E. Technology, L.L.C. v. Facebook, Inc.
• One reply brief was filed with the Court by Phazzer in Phazzer Electronics, Inc. v. Taser International, Inc.
• Lastly, two waivers of right to respond were filed with the Court in Drevaleva v. United States and Bozeman Financial LLC v. Federal Reserve Bank of Atlanta.

Here are the details.

This morning, the Federal Circuit issued a nonprecedential opinion in a patent case. Here is the introduction to the opinion.

Here is an update on recent en banc activity at the Federal Circuit. In one of the two pending en banc cases addressing veterans law, the court requested the parties file supplemental briefs to address concerns with Article III standing. Other updates include new petitions raising questions related to patent marking, expert testimony, willful infringement, and sanctions; a new invitation to respond to a petition raising a question related to remedies; a new amicus brief in a case raising a question related to double-patenting; and the denial of two petitions raising questions related to patent eligibility and claim construction. Here are the details.

For the second day in a row the Federal Circuit did not publish any new opinions or orders.

• Apple and Uniloc to Spar at Federal Circuit Over ‘Judge-Shopping’ – Apple and Uniloc are scheduled to appear before the Federal Circuit for a rare oral argument on a petition for a writ of mandamus.
• PTAB Strategies and Insights – September 2020: Does the Federal Circuit Treat APA Challenges Differently if Brought by Petitioner vs. Patent Owner? Yes. – The Federal Circuit came to different conclusions when examining final written decisions appealed by a patent owner as opposed to a petitioner.

Here’s the latest.

On Friday the Federal Circuit issued an order denying a petition for a writ of mandamus in In re Google, a case we have been following because it attracted amicus briefs. In the order, the court denied the petition because, it found, Google did not meet its heavy burden. Moreover, the court indicated that Google may obtain meaningful review after a final judgment is issued in its pending case. Here is a summary of the case and the order.

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

This morning, the Federal Circuit issued a nonprecedential opinion denying a petition for a writ of mandamus regarding a motion to transfer venue. Here is the text of the order.

• Dana-Farber Tells Fed. Circ. Not To Revisit Inventorship Ruling – In July, a panel decision sided with the Dana-Farber Cancer Institute and ruled that work by co-inventors performed independently constituted joint inventorship. Dana-Farber now urges the full Federal Circuit not to reconsider the panel’s decision.
• Citing ‘clear’ error, Fed Circuit moves HP patent case out of East Texas – The U.S. Court of Appeals for the Federal Circuit ordered a Texas federal court to transfer a patent case from the Eastern District of Texas to Northern California.
• A Conversation with USPTO Director Andrei Iancu on the Patent System and the Innovation Economy – Andrei Iancu recently talked with Adam Mossoff, the chair of the Forum for Intellectual Property at the Hudson Institute.

Here’s the latest.

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