FedCircuitBlog

Here is this month’s update on activity in cases pending before panels of the Federal Circuit where the cases involve at least one amicus brief. We keep track of these patent cases in the “Other Cases” section of our blog. Today, with respect to these cases we highlight two dispositions, three new cases that attracted amicus briefs, two recent oral arguments, and one upcoming oral argument.

As we previously reported, last week in Facebook, Inc. v. Windy City Innovations, LLC the Federal Circuit granted panel rehearing, issued a modified panel opinion, and denied en banc rehearing. Facebook sought rehearing to challenge the panel’s decisions concerning joinder in inter partes review proceedings, as well as the broader question of whether the Federal Circuit owes deference to interpretations of statutory provisions made by the U.S. Patent and Trademark Office’s Precedential Opinions Panel. Here we summarize the modified panel opinion.

This morning, the Federal Circuit issued a precedential opinion in a veterans case and a nonprecedential opinion in a patent case. The court also issued three Rule 36 judgments. Here are the introductions to the opinions and a list of the Rule 36 judgments.

• ITC Ruling Offers Chance For Infringer Reprieve From Import Bans – For the first time, the U.S. International Trade Commission has suspended enforcement of a remedial order based on an earlier decision from the Patent Trial and Appeal Board.
• Racing Tribunals: The Judge, the Jury, and the PTAB – Later this fall, the U.S. Supreme Court will rule on the petition Personal Audio, LLC v. CBS Corporation. Dennis Crouch explores how this case adds an important third tribunal to the patent story.

Here’s the latest.

Guest Post by Joseph Matal and David McCombs

The Transitional Program for Covered Business Method (“CBM”) Review will come to an end on September 16, 2020, after eight years. In our view, the CBM program’s brief history is a cautionary tale about the costs that are imposed on the system when the Supreme Court delays in rectifying a mistake.

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) Vilox Technologies, LLC v. Iancu, (2) Comcast Cable Communications, LLC v. Rovi Guides, Inc., and (3) Drevaleva v. United States.
• One new brief in opposition was filed with the Court by Taser in Phazzer Electronics, Inc. v. Taser International, Inc.
• One new reply brief was filed with the Court by Sanofi-Aventis in Sanofi-Aventis Deutschland GMBH v. Mylan Pharmaceuticals Inc.
• Lastly, one waiver of right to respond to the petition in Customedia Technologies, LLC v. Dish Network Corp. was filed with the Court by Dish Network.

Here are the details.

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

I’m pleased to announce that, this week and next, Fed Circuit Blog will host its first online symposium. This symposium will focus on the anticipated sunset of the Patent Trial and Appeal Board’s statutory directive to hold “covered business method review” proceedings—hearings to review the patentability of claims included in “covered business method patents.” The Federal Circuit, of course, hears appeals from parties dissatisfied with judgments rendered by the PTAB in these CBMR proceedings, and over the last several years the court has issued a number of opinions in this context. Here, I provide background on these proceedings and introduce some of the topics participants in our symposium will address in their guest blog posts.

This morning, the Federal Circuit issued two nonprecedential opinions in a patent case and a case appealed from the Merit Systems Protection Board. Here are the introductions to the opinions.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include a new petition raising a question related to claim construction; new invitations to respond to petitions raising questions related to novelty and non-obviousness; and the denial of two petitions raising questions related to design patent law and joinder in inter partes review proceedings. Here are the details.