FedCircuitBlog

This morning the Federal Circuit released a precedential opinion in a patent case appealed from the Patent Trial and Appeal Board. The Federal Circuit affirmed the Board’s decision to reject reissue claims. Here is the introduction to the opinion.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court invited a response to a petition raising a question related to the written description requirement. The court also received two amicus briefs supporting rehearing in the same case. Here are the details.

This morning the Federal Circuit released a precedential opinion in a case appealed from the Merit Systems Protection Board and a nonprecedential opinion in a case appealed from the Court of Federal Claims. The Federal Circuit also released two nonprecedential orders. One denies a writ of mandamus seeking disqualification of the district court judge; one denies a writ of mandamus to transfer an appeal from the Western District of Texas to the District of Massachusetts. Here are the introductions to the opinions and text from the orders.

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

• an article addressing how the Federal Circuit recently ruled that “[a]rtificially intelligent machines cannot be named inventors on patents”;
• a blog post similarly discussing that, “for the purposes of patent law, an inventor must be human”; and
• another article arguing that a Federal Circuit holding addressing patent law’s written description requirement, if allowed to stand, “threatens to remove the patent system’s incentives to innovation.” 

This morning the Federal Circuit released a nonprecedential opinion in a patent case appealed from the Patent Trial and Appeal Board. The court also released four nonprecedential orders. Two summarily affirm; one grants a transfer to the Middle District of Georgia; and one grants a motion to dismiss an appeal for lack of jurisdiction. Finally, the Federal Circuit released a Rule 36 judgment. Here is an introduction to the opinion, text from the orders, and a link to the Rule 36 judgment.

This morning the Federal Circuit released a precedential opinion in a patent case appealed from the Eastern District of Virginia, concluding that the Patent Act requires an inventor to be a natural person. The Federal Circuit also released two nonprecedential orders. One dismisses an appeal for failure to prosecute; one grants the transfer of an appeal from the Eastern District of Pennsylvania to the Court of Appeals for the Third Circuit. Finally, the Federal Circuit released two Rule 36 judgments and an erratum. Here is the introduction to the opinion, text from the orders, and links to the Rule 36 judgments and erratum.

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 “bill introduced Tuesday by Sen. Thom Tillis, R-N.C., aimed at setting more precise rules on which inventions are eligible for patents”;
• another article explaining how the bill “clearly is intended to overrule” the Supreme Court’s recent cases addressing patent eligibility;
• a blog post addressing how “the PTO [will] be revisiting the test for patent subject matter eligibility”; and
• an article discussing a case before the Federal Circuit that involves “a shoemaking process with major implications for both the industry and patent law.”

Late yesterday and this morning the Federal Circuit released four nonprecedential orders granting motions to voluntarily dismiss appeals. Here are the 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, there is no new activity to report since our last update. With respect to petitions, three new petitions were filed with the Court in takings cases. The government also waived its right to respond to petitions filed in two patent cases and one pro se case. Here are the details.

This morning the Federal Circuit released four nonprecedential opinions. The first comes in a case appealed from the Merit Systems Protection Board; the second and third come from two separate veterans cases appealed from the Court of Appeals for Veterans Claims; the fourth comes in a patent case appealed from the District of Delaware. Notably, in the patent case, Judge Dyk filed a concurring opinion. Here are the introductions to the opinions.