News

Recent News on the Federal Circuit

Here’s the latest.

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Opinions

Today’s Opinions – May 14, 2020

This morning the Federal Circuit issued two precedential opinions in patent cases, four nonprecedential opinions in patent cases, and one nonprecedential order in a patent case dismissing an appeal as moot. Here are the introductions to the opinions and text from the order.

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Petitions / Supreme Court Activity

Recent Supreme Court Activity

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

Here are the details.

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Featured / Opinions

Breaking News – Federal Circuit Indicates Administrative Patent Judges Unconstitutionally Appointed Beyond Context of Inter Partes Review Proceedings

As we reported earlier today, a Federal Circuit panel this morning issued a precedential order in VirnetX Inc. v. Cisco Systems, Inc. The order is important. It highlights the potential reach of the Federal Circuit’s decision earlier this year in Arthrex, Inc. v. Smith & Nephew, Inc. Indeed, it suggests that Administrative Patent Judges are unconstitutionally appointed with respect to every aspect of their work: not just inter partes reviews, and not just inter partes reexaminations, but also everything else, including ex parte reexaminations, covered business method review, and ex parte appeals.

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Opinions

Today’s Opinions – May 13, 2020

This morning the Federal Circuit issued a precedential opinion in a patent case and a nonprecedential order unsealing it; two precedential orders in a patent case denying panel and en banc rehearing respectively; and nonprecedential opinions in a veterans case, two patent cases, and a tax case. Here are the introductions to the opinions and text from the orders.

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Argument Recap

Argument Recap – Uniloc 2017 LLC v. Hulu, LLC

May the Patent Trial and Appeal Board reject a motion to amend a patent in an inter partes review because the Board concludes that a proposed substitute claim does not comply with the eligibility requirement? The Federal Circuit considered that question during an oral argument last week in Uniloc 2017 LLC v. Hulu, LLC. As discussed in our argument preview, the case attracted an amicus brief in favor of the Board’s position that it may consider eligibility in this context. Here is our argument recap.

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Argument Recap

Review of Oral Argument in Hardy v. U.S.

Last week, the Federal Circuit heard oral arguments in Hardy v. United States. Hardy v. United States is a takings case on appeal from the United States Court of Federal Claims. The case concerns whether several deeds at issue granted an interest in fee simple or an easement in the disputed parcels of land.

Here is a review of the case and issues on appeal.

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En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include new petitions filed in five cases raising questions related to eligibility, claim construction, novelty, and non-obviousness; an amicus brief in a case raising a question related to eligibility; and the denial of two petitions raising questions related to eligibility, the Appointments Clause, and non-obviousness. Here are the details.

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Opinions

Today’s Opinions – May 12, 2020

This morning the Federal Circuit issued one nonprecedential opinion in a patent case, one nonprecedential opinion in a veterans case, one nonprecedential opinion in a government contracts case, and one nonprecedential erratum. Here are the introductions to the opinions and the text of the erratum.

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News

Recent News on the Federal Circuit

Here’s the latest.

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