This morning, the Federal Circuit issued three new opinions: two precedential opinions in patent cases and one nonprecedential opinion in another patent case. Here are the introductions to the opinions.
Recent Supreme Court Activity
This post summarizes recent activity at the Supreme Court in cases decided by the Federal Circuit.
- The Supreme Court received three new petitions for writ of certiorari in (1) InfoBionic, Inc. v. Cardionet, LLC, (2) Lone Star Silicon Innovations, LLC v. Iancu, and (3) Kinghorn v. United States.
- Two new responses to petitions were filed with the Court, the first by the Alfred E. Mann Foundation in Cochlear Corp. v. Alfred E. Mann Foundation for Scientific Research, and the second by the government in ThermoLife International LLC v. Iancu.
- One new reply to the petition in Rovi Guides, Inc. v. Comcast Cable Communications, LLC was filed with the Court by Rovi.
- Three amicus briefs were filed in Idenix Pharmaceuticals LLC v. Gilead Sciences, Inc., all in support of Idenix.
- Lastly, the Supreme Court denied the petitions for writ of certiorari in three cases: (1) IYM Technologies LLC v. RPX Corp., (2) Duke University v. Biomarin Pharmaceutical Inc., and (3) Whitserve LLC v. Donuts Inc.
Here are the details.
Opinions & Orders – November 18, 2020
This morning, the Federal Circuit issued a nonprecedential errata. Here is the text of the errata.
Recent En Banc Activity
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.
Opinions & Orders – November 17, 2020
This morning, the Federal Circuit issued one precedential opinion in a patent case and one nonprecedential opinion in a patent case.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.
Recent News on the Federal Circuit
- 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.
Opinions & Orders – November 16, 2020
The Federal Circuit did not publish any opinions or orders this morning.
Opinions & Orders – November 13, 2020
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.
Recent News on the Federal Circuit
- 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.
Opinions & Orders – November 12, 2020
The Federal Circuit did not publish any new opinions or orders this morning.