En Banc Activity

Recent En Banc Activity

Here is an update on recent en banc activity in patent cases at the Federal Circuit. All we have to report is one new petition raising a question about minimum contacts for establishing personal jurisdiction. Here are the details.

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Opinions

Opinions & Orders – July 9, 2024

This morning the Federal Circuit released three nonprecedential orders and two nonprecedential Rule 36 judgments. Also, late yesterday the Federal Circuit released one nonprecedential order and one Rule 36 judgment. All the orders are dismissals. Here are the links to the dismissals and Rule 36 judgments.

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News

Recent News on the Federal Circuit

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

  • an article expressing the view that the way to “really improve the U.S. patent system” is to “support USPTO employees”; and
  • an article discussing an effort “not to scale back the U.S. International Trade Commission’s patent jurisdiction” despite a recent decision of the Supreme Court.
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Federal Circuit Announcement

Federal Circuit Announces Scheduling of Hearings in the San Francisco Area

This afternoon the Federal Circuit announced that it has scheduled hearings for its October 2024 session in the San Francisco area. Here is the full text of today’s announcement.

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Opinions

Opinions & Orders – July 8, 2024

This morning the Federal Circuit released one nonprecedential order. The order denies a petition for a writ of mandamus seeking to order the Eastern District of Texas to dismiss a case for improper venue. Here is the introduction to the order.

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Court Week

Court Week – July 2024 – What You Need to Know

This week is Court Week at the Federal Circuit. In total, the court will convene 8 panels to consider 43 cases. Of these cases, the court will hear oral arguments in 35. The Federal Circuit is providing access to live audio of these arguments via the Federal Circuit’s YouTube channel. This month, three cases scheduled for oral argument attracted amicus briefs. Here’s what you need to know about these three cases.

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Argument Preview

Argument Preview – AliveCor, Inc. v. International Trade Commission

There are three cases that will be argued this month at the Federal Circuit that attracted amicus briefs. Last week we reported on two of these cases. The third is AliveCor, Inc. v. International Trade Commision. In this case, the Federal Circuit will review a judgment of the International Trade Commission in a patent infringement dispute between AliveCor, Inc. and Apple Inc. On the one hand, the Commission found that certain patent claims asserted by AliveCor are invalid under under 35 U.S.C. § 101 and that certain claims are not infringed by Apple. The Commission also found that other claims are not invalid and are infringed. Both AliveCor and Apple appealed. This is our argument preview.

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Federal Circuit Announcement

Federal Circuit Announces Extensive Street Closures and Traffic Near the National Courts Building

This morning the Federal Circuit announced that there would be extensive street closures and traffic next week near the National Courts Building, but that court week will proceed as scheduled. Here is the full text of today’s announcement.

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Opinions

Opinions & Orders – July 5, 2024

This morning the Federal Circuit released four nonprecedential orders. The first two are denials of petitions, and the other two are dismissals. Here are the introductions to the denials of petitions and links to the dismissals.

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Supreme Court Activity

Recent Supreme Court Activity

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. There was a new petition filed in a patent case concerning questions about inter partes review, and there was a new amicus brief filed in another patent case. Here are the details.

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