FedCircuitBlog

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

• an article reporting on how lawmakers are considering reforms to intellectual property litigation and the U.S. International Trade Commission; and
• an article discussing the “battle” that has “embroiled” the Federal Circuit and Judge Newman, the oldest living federal judge.

The Federal Circuit did not release any orders or opinions on its website today.

This morning the Federal Circuit released one precedential opinion and one nonprecedential order. The opinion affirms in part and reverses in part a judgment of the Patent Trial and Appeal Board. The order remands a case appealed from the Patent Trial and Appeal Board for further proceedings. Here are the introductions to the opinion and order.

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

• an article reporting on a special committee of the Federal Circuit recommending that Judge Newman be suspended from case assignments for another year for failing to undergo required neurological exams; and
• an article reporting on the same special committee’s opinion that Judge “Newman’s refusal to submit to medical testing by the Committee’s selected doctors as ‘serious misconduct.’”

This morning the Federal Circuit released one nonprecedential opinion and six nonprecedential orders. The opinion affirms a judgment from the Western District Court of Pennsylvania in a patent case. The first order reinstates an appeal and vacates a previous judgment while also affirming a decision from the Trademark Trial and Appeal Board. All the other orders are dismissals. Here is the introduction to the opinion and links to the orders.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. The only new activity this week was a new brief in opposition filed in a pro se case. Here are the details.

This morning the Federal Circuit announced that it has released materials in its investigation related to Judge Newman. Most notably, the materials include a report and recommendation of the special committee unanimously recommending “a further one-year sanction during which Judge Newman will not be permitted to hear cases at the panel or en banc level, subject to renewal if the refusal to cooperate found here continues after that time and subject to modification or rescission if Judge Newman alters her conduct and begins to cooperate with the Committee.” Here is the full text of today’s announcement with links to the released material.

This morning the Federal Circuit released three nonprecedential opinions and four nonprecedential orders. The first opinion affirms a judgment of the Patent Trial and Appeal Board, the second affirms a dismissal by the Court of Federal Claims for lack of jurisdiction, and the third affirms a judgment of the Office of Personnel Management. The first order transfers an appeal to the Court of Appeals for the Second Circuit, and all the other orders are dismissals. Here are the introductions to the opinions and the first order and links to the dismissals.

Earlier this month, the Federal Circuit heard oral argument in AliveCor, Inc. v. International Trade Commission, a patent case that attracted seven amicus briefs. In this case the Federal Circuit is reviewing a judgment of the International Trade Commission in a patent infringement dispute between AliveCor, Inc. and Apple Inc. Judges Hughes, Linn, and Stark heard the argument. This is our argument recap.

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.