This morning the Federal Circuit issued two precedential opinions in patent cases, one precedential opinion in a Merit Systems Protection Board case, one precedential opinion in an Arizona-Florida Land Exchange Act case, and one Rule 36 judgment. Here are the introductions to the opinions and the Rule 36 judgment.
Recent News on the Federal Circuit
Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights the Federal Circuit’s decision to throw out a $100 million verdict in Ericsson Inc. v. TCL Communication Technology Holdings Ltd., another decision holding that attorneys’ fees may not be awarded where a case is dismissed without a court order, a blog post about the frequency individual Federal Circuit judges heard or canceled oral arguments this month, and a post highlighting the first telephonic oral arguments heard by the Federal Circuit this month.
Today’s Opinions – April 16, 2020
This morning the Federal Circuit issued two nonprecedential opinions in Merit Systems Protection Board cases. Here are the introductions to the opinions.
Recent Supreme Court Activity
Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. In granted cases, the Court postponed one oral argument. In petitions cases, one new petition was filed in a patent case presenting questions related to retroactive application of inter partes review and waiver with respect to an Appointments Clause challenge. Two responses in opposition to petitions were filed in patent cases raising questions related to the written description requirement and standing to appeal in inter partes review proceedings. There was one new reply brief filed in a veterans case concerning attorneys fees. And several amicus briefs were filed in three cases. Here are the details.
Today’s Opinions – April 15, 2020
This morning the Federal Circuit issued one precedential opinion in a government contract case. Here is the introduction to the opinion.
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 four cases raising questions relating to patent eligibility, the Appointments Clause, claim construction, and non-obviousness; one new response to a pending petition raising questions related to enablement, written description, and the 7th Amendment; and the denial of ten petitions raising issues including the Appointments Clause, claim construction, and implied licenses. Here are the details.
Argument Recap – Bio-Rad Laboratories, Inc. v. 10X Genomics Inc.
Last week the Federal Circuit heard only one case that attracted an amicus brief. In the case, Bio-Rad Laboratories, Inc. v. 10X Genomics Inc., the court confronted several patent-law-related questions. As we noted in our argument preview, these questions related to literal infringement, infringement under the doctrine of equivalents, claim construction, damages, and injunctive relief. The amicus brief, however, focused only on the appropriateness of injunctive relief. On Friday, the parties presented their arguments to a panel that included Judges Newman, O’Malley, and Taranto. This is our argument recap.
Breaking News – Denial of Summary Judgment of Patent Ineligibility Treated As Final Judgment in Favor of Patent Owner, Allowing Federal Circuit to Reach Eligibility and Invalidate Patent Claims
As we reported earlier today, this morning a panel of the Federal Circuit issued a precedential opinion in Ericsson Inc. v. TCL Communication Technology Holdings Ltd. In this case, the panel reached three important conclusions regarding procedural and substantive matters related to allegations of patent eligibility under 35 U.S.C. § 101.
Today’s Opinions – April 14, 2020
This morning the Federal Circuit issued one precedential opinion in a patent case and one precedential opinion in a trademark case. Here are the introductions to the opinions.
Recent News on the Federal Circuit
Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights comments on an oral argument held last week in a patent case, a note on a recent Federal Circuit decision that Federal Reserve Banks may challenge patents at the Patent Trial and Appeal Board, an article about another recent Federal Circuit decision involving multi-color trademarks, and a comment on yet another recent decision by the Federal Circuit in an ongoing patent dispute involving medical devices.