FedCircuitBlog

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

• an article discussing how the recent suspension of Federal Circuit Judge Newman “shows need for judicial reform”;
• an article authored by retired Federal Circuit Judge Paul Michel discussing his “thirty-five-year perspective on Intellectual Property, and where we stand now”; and
• another article highlighting how in a recent panel discussion “[f]ormer Federal Circuit Judge Paul Redmond Michel warned inventors that proposed patent reform bills during this session of Congress will be ‘dead on arrival’ if the inventor community fails to unite.”

This morning, the Federal Circuit released three nonprecedential opinions and two nonprecedential orders. One opinion addresses an appeal from the Court of International Trade. The other two opinions address appeals from the Patent Trial and Appeal Board regarding patent claims which have been found unpatentable as obvious or anticipated. The nonprecedential orders are both dismissals. Here are the introductions to the opinions and links to the dismissals.

This morning, the Federal Circuit released five nonprecedential opinions and four nonprecedential orders. Two opinions address appeals from inter partes reexaminations before the Patent Trial and Appeal Board. Each of those appeals had a corresponding related appeal, which was subsequently dismissed as moot in a corresponding nonprecedential opinion. Finally, the fifth nonprecedential opinion addresses an appeal regarding veterans’ disability benefits. The first nonprecedential order summarily affirms a judgment, another transfers an appeal to a district court, and the final two are dismissals. Late yesterday, the Federal Circuit also released one nonprecedential order dismissing appeals from the Patent Trial and Appeal Board. Here are the introductions to the opinions, text from the orders, and links to the dismissals.

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

• an article about the Supreme Court’s denial of a petition “to review a February ruling . . . that held claims of ChromaDex, Inc.’s patent on an isolated form of vitamin B3 are directed to unpatentable subject matter under Section 101”;
• an article discussing how the Federal Circuit “vacated a $4.6 million award for lost profits” in a patent case; and
• an article highlighting a recent “fight over words” at the Federal Circuit in another patent case.

This morning, the Federal Circuit released one precedential opinion, four nonprecedential opinions, and three nonprecedential orders. The precedential opinion reverses a judgement of the Patent Trial and Appeal Board based on an erroneous claim construction. The first nonprecedential opinion addresses an appeal from a judgment in a takings case; the second resolves an appeal from a judgment of a district court, which construed certain claims in a means-plus-function format and held those claims as indefinite under that construction; the third addresses subject matter jurisdiction; the fourth comes in a pro se case. One of the orders denies a petition to transfer a case; the other two orders are dismissals. Here are the introductions to the opinions, selected text from the order denying the petition, and links to the dismissals.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, a reply brief was filed in Rudisill v. McDonough, a veterans case. With respect to pending petitions, two new petitions were filed with the Court in a veterans case and in a pro se case, and a waiver of right to respond was filed in a patent case addressing both joinder in inter partes review proceedings and the Federal Vacancies Reform Act. Additionally, a brief in opposition was filed in a Tucker Act case and two reply briefs in support of petitions were filed in two different cases, one in a trade case presenting questions related to separation of powers and steel tariffs and one in a patent case addressing joint inventorship. Finally, the Court denied petitions in one patent case and two pro se cases. Here are the details.

This morning, the Federal Circuit released one precedential opinion, two nonprecedential opinions, and six nonprecedential orders. The precedential opinion, which earned a dissent from Judge Reyna, addresses an appeal of a judgment of the Trademark Trial and Appeal Board cancelling registration of a trademark. One of the nonprecedential opinions addresses an appeal from a judgment of noninfringement of a patent by a district court, while the other addresses an appeal from a judgment of a district court dismissing a patent infringement claim due to claim preclusion. Two of the orders transfer cases, one denies a motion for writs of mandamus for various relief, and three dismiss appeals. Here are the introductions to the opinions, selected text from orders, and links to the dismissals.

Here is an update on recent en banc activity at the Federal Circuit. Highlights include an en banc response brief filed in the only pending en banc case, which addresses the non-obviousness requirement for design patents, and two newly filed petitions for rehearing in two utility patent cases. Here are the details.

This morning, the Federal Circuit released one nonprecedential opinion and one nonprecedential order. The opinion addresses an appeal from a judgment of the Board of Veterans Appeals. The order grants a motion to dismiss. Here is the introduction to the opinion and link to the dismissal.

This morning, the Federal Circuit released two precedential opinions, one nonprecedential opinion, and two nonprecedential orders. One precedential opinion comes in a patent case and addresses issues of obviousness, infringement, and damages. The other precedential opinion comes in another patent case and addresses a challenge to analogous art findings by the Patent Trial and Appeal Board. The nonprecedential opinion addresses an appeal from a judgment of the Patent Trial and Appeal Board finding certain claims unpatentable. The orders dismiss appeals. Late Friday, the Federal Circuit also released a nonprecedential order dismissing an appeal. Here are the introductions to the opinions and links to the dismissals.