FedCircuitBlog

Here is an update on recent en banc activity in patent cases at the Federal Circuit. Highlights include two new petitions raising questions concerning a court’s responsibility to scrutinize a patentee’s reliance on supposedly comparable licenses and claim construction matters. The court also denied two petitions raising questions related to claim construction and summary judgment. Here are the details.

This morning the Federal Circuit released three nonprecedential opinions and ten nonprecedential orders. The first opinion affirms a judgment of the Patent Trial and Appeal Board; the second vacates and remands a judgment of the Patent Trial and Appeal Board; and the third reverses and remands another judgment of the Patent Trial and Appeal Board. The first order denies petitions for writs of mandamus, while the second transfers an appeal to the Central District of California. All of the other orders are dismissals. Here are the introductions to the opinions and first two orders and links to the other orders.

This morning the Federal Circuit released one precedential opinion and seven nonprecedential orders. The opinion comes in a inter partes review proceeding appealed from the Patent Trial and Appeal Board. The first order denies a petition for a writ of mandamus seeking to order the Western District of Texas to transfer a case or, in the alternative, to stay proceedings pending a ruling on a motion to dismiss for improper venue and lack of personal jurisdiction. The second order vacates and remands a district court judgment in light of a recent decision of the Supreme Court. The third transfers an appeal to the Sixth Circuit. The fourth grants a joint motion to remand a case to the Court of Appeals for Veterans Claims. Two of the remaining orders are dismissals, and the last is an erratum. Here are the introductions to the opinion and first four orders and links to the remaining three orders.

Earlier this month, the Federal Circuit heard oral argument in AliveCor, Inc. v. Apple Inc., a patent case that attracted an amicus brief. In this case the Federal Circuit is reviewing a judgment of the Patent Trial and Appeal Board, which held several of AliveCor’s patents to be invalid as obvious. Judges Hughs, Linn, and Stark heard the argument. This is our argument recap.

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

• an article discussing the impact that the elimination of Chevron deference may have on the Federal Circuit’s oversight in the areas of its jurisdiction; and
• an article reporting how “General Motors is close to settling LKQ Corp.’s challenge to its design patent” in light of the “Federal Circuit’s decision to throw out the more-than 40-year-old design patent obviousness test in favor of a more relaxed framework.”

This morning the Federal Circuit released one precedential opinion, one nonprecedential opinion, and one nonprecedential order. The precedential opinion dismisses as moot an appeal of a judgment of the Patent Trial and Appeal Board. The nonprecedential opinion affirms a judgment of the Court of Federal Claims in a veterans case. The order is a dismissal. Here are the introductions to the opinions and a link to the order.

Last week, the Federal Circuit heard oral argument in Metropolitan Area EMS Authority v. Secretary of Veterans Affairs, a veterans case that attracted an amicus brief. In this case the Federal Circuit is reviewing a final rule passed by the Department of Veterans Affairs that would enable VA to pay the lesser of the actual charge or the Medicare fee schedule amount for non-contract ground transports. Judges Lourie, Stoll, and Stark heard the argument. This is our argument recap.

This morning the Federal Circuit released two precedential opinions and five nonprecedential opinions. The first precedential opinion dismisses an appeal from the Court of Appeals for Veterans Claims, while the second affirms a judgment of the Eastern District of Texas in a patent infringement case. Four of the nonprecedential opinions all affirm judgments of the Patent Trial and Appeal Board, while the fifth affirms a judgment of the Court of Federal Claims in a government contract case. 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. A new petition was filed presenting a question about the abstract-idea exception relating to patentability. A new waiver of the right to respond was also filed in a pro se case. Here are the details.

This morning the Federal Circuit released two nonprecedential opinions. The first dismisses for lack of jurisdiction an appeal from the Court of Appeals for Veterans Claims, while the second affirms a judgment of the Court of Appeals for Veterans Claims. Here are the introductions to the opinions.