FedCircuitBlog

This morning, the Federal Circuit released two precedential opinions, one nonprecedential opinion, and one order dismissing an appeal. One precedential opinion addresses an appeal from a decision of the Patent Trial and Appeal Board finding claims unpatentable as obvious. This first opinion ultimately concludes that the decision violated the Administrative Procedure Act. The other precedential opinion also addresses an appeal of a decision of the PTAB, this one concluding that the PTAB abused its discretion in determining that a party failed to identify a field of endeavor and thus failed to establish analogous art for purposes of an obviousness analysis. Finally, the nonprecedential opinion affirms a dismissal by the United States Court of Federal Claims for lack of subject matter jurisdiction. Here are the introductions to the opinions and a link to the dismissal.

Today, the Federal Circuit released four nonprecedential opinions, three Rule 36 summary affirmances, and two nonprecedential orders. Late yesterday, the Federal Circuit also released two nonprecedential orders dismissing appeals. Here are the introductions to the opinions and links to the dismissals and Rule 36 summary affirmances.

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:

• an article discussing a recent order from the Federal Circuit denying a petition for a writ of mandamus seeking to direct a district court to dismiss a patent infringement suit for improper venue; and
• an article analyzing a recent Federal Circuit decision invalidating a patent covering an antenna system for a wireless network, “putting a multimillion-dollar jury award in question.”

This morning the Federal Circuit released one precedential opinion and one nonprecedential opinion. The precedential opinion addresses an appeal from the United States Court of International Trade in an antidumping duty investigation. The nonprecedential opinion addresses an appeal of a decision of the Merit Systems Protection Board. Here are the introductions to the opinions.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, an amicus brief was filed in support of respondent in Vidal v. Elster. With respect to petitions, two new petitions in two pro se cases were filed with the Court. Additionally, the government waived its right to respond to petitions in an employment case and in a pro se case. Here are the details.

Today, the Federal Circuit released a nonprecedential opinion in a patent case. The opinion addresses an appeal from a Patent Trial and Appeal Board holding that claims are anticipated and obvious in light of the prior art. Here is the introduction to the opinion.

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:

• an article highlighting how the Federal Circuit judges investigating Judge Newman’s fitness asked “a Washington, D.C. federal court late on Friday to dismiss Newman’s lawsuit challenging the unusual probe”;
• an article discussing the argument by the special committee investigating Judge Newman that “the internal actions of the three-judge special committee of the U.S. Court of Appeals for the Federal Circuit aren’t subject to judicial review”;
• an analysis of pending legislation entitled the Patent Eligibility Restoration Act, which according to former Federal Circuit Chief Judge Paul Michel “would overturn Supreme Court and Federal Circuit decisions that scrambled settled law, excluding many worthy classes of inventions, such as medical diagnostic methods and advanced computer applications”; and
• a blog post taking the position “that gen-AI tools will face high patent eligibility obstacles absent inclusion of strong technical implementation details placed at least within the specification, but more likely within the claims themselves.”

This morning, the Federal Circuit released two nonprecedential orders: one denies a petition for a writ of mandamus seeking to order a district court to transfer a case, and another grants a motion to dismiss. Here is the introduction to the denial and a link to the dismissal.

This week is Court Week at the Federal Circuit. In total, the court will convene eight panels to consider 41 cases. Of these 41 cases, the court will hear oral arguments in 27. The Federal Circuit is providing access to live audio of these arguments via the Federal Circuit’s YouTube channel. This month, two cases attracted amicus briefs. Here’s what you need to know about these two cases.

This morning, the Federal Circuit released a precedential opinion in a patent case. The opinion addresses arguments about the Patent Trial and Appeal Board’s construction of a claim term and the Board’s denial of a motion to amend claims. Here is the introduction to the opinion.