FedCircuitBlog

Today the Federal Circuit issued one precedential opinion in a design patent case, one precedential opinion in a tax credit dispute with the United States government, two nonprecedential opinions in related patent cases, and an erratum. Here are the introductions to the opinions.

A constitutional question will be argued next week in a patent case entitled Evolved Wireless LLC v. ZTE (USA) Inc. This case presents, however, a total of three issues:  (1) “Whether the Board erred in concluding the patent claims at issue are unpatentable, by failing to properly apply its own adopted claim construction”; (2) “Whether the Board erred by refusing to consider the declaration of Evolved’s expert on the sole ground that it did not include a statement referring to penalty of perjury”; and (3) “Whether the proceedings violated Evolved’s Fifth Amendment Constitutional rights.”

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. Of the six pending merits cases, there was not much activity, with the exception of one case where multiple amicus briefs were filed. Two new petitions were also filed—one in a patent case, and one in a government contract case—as well as two responses in opposition to petitions and two amicus briefs in favor of petitions.

Another interesting case being argued next week is Cardionet, LLC v. InfoBionic, Inc. This case presents the question of whether an improved cardiac monitoring device is ineligible for patenting under 35 U.S.C. § 101, and also whether early dismissal of the case based on the finding of ineligibility was appropriate under Federal Rule of Civil Procedure 12(b)(6).

Today the Federal Circuit issued one precedential opinion in a patent case and one nonprecedential opinion in a patent case. 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 three new petitions and a request for a response.

Another case being argued next week involves X2Y Attenuators, LLC and Intel Corporation. This case presents the question of whether district court abused its discretion by dismissing two stayed cases for failure to prosecute.

The Federal Circuit did not issue any opinions today.

Here is a report on recent news and commentary related to the Federal Circuit and its cases, including a note regarding the extent of the court’s review of executive authority over international affairs, a discussion of a “disturbing trend” at the court in patent cases, and a comment on a recent amicus brief arguing the court’s precedent in the area of patent damages raises “serious policy concerns.”

One case we are following that is being argued next week is In re FCA US LLC. This case presents the question of whether the Trademark Trial and Appeal Board erred in holding a mark was likely to cause confusion given that in a separate proceeding a district court determined confusion was unlikely.