FedCircuitBlog

VirnetX Attacks Apple’s PTAB Win At Fed. Circ. – Andrew Karpan reported for Law360 on VirnetX’s attempt to overturn a Patent Trial and Appeal Board ruling that if affirmed would undermine its $576 million patent infringement judgment against Apple.

Marathon, Others Defend Patent Case Fee Award at Federal Circuit – In her article on Bloomberg.com, Perry Cooper discusses a three judge panel of the Federal Circuit who “listened to arguments about a $5 million attorneys’ fee award in a fracking patent case.”

Last Week in the Federal Circuit (June 1-4): Prosecution Disclaimer – What’s Good for the Goose… – In this post on FederalCircuitry, Rachel Rice picked opinions released by the Federal Circuit that have “piqued [her] interest” to discuss.

This morning the Federal Circuit issued two precedential opinions, one in a veterans case and the other in an international trade case. The court also issued a precedential order transferring an antitrust case to the Fifth Circuit based on a lack of appellate jurisdiction at the Federal Circuit. The Federal Circuit also issued a nonprecedential opinion in a patent case appealed from the Patent Trial and Appeal Board and a Rule 36 judgment. Here are the introductions to the opinions and the order and a link to the Rule 36 judgment.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. As for granted cases, we are still waiting for the Court to issue opinions in the two pending patent cases. As for petitions, a new petition was filed in a pro se veterans case; five petitioners filed reply briefs in cases presenting questions related to Tucker Act, patent, and takings law; one petitioner filed a motion to dismiss in a patent case; and the Court denied five petitions in cases involving patent, contracts, and veterans law.

Here are the details.

This morning the Federal Circuit issued three precedential opinions in veterans cases, a nonprecedential opinion in a case dismissed by the Court of Federal Claims for lack of jurisdiction, another nonprecedential opinion in a case appealed from the Bureau of Justice Assistance regarding death benefits, and a Rule 36 judgment. Here are the introductions to the opinions and a link to the Rule 36 judgment.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received two pro se petitions. Additionally, the court denied a petition concerning post-institution discovery rulings by the Patent Trial and Appeal Board related to real-parties-in-interest disputes. Here are the details.

This morning the Federal Circuit issued a precedential opinion in an appeal from the United States Court of Federal Claims, which dismissed a party’s protest in a government contract case. Here is the introduction to the opinion.

Fed. Circ. Won’t Make Albright Rebuke Precedential – Adam Lidgett on Law360 reported on how the Federal Circuit stated it will not “reissue as precedential a March decision rebuking Judge Alan Albright for repeatedly failing to rule on transfer motions in a timely manner.”

After Hyatt v. Hirshfeld, it Might Be Time to Pay Attention to Prosecution Laches – Kate Gaudry recently posted on IPWatchDog.com about the repercussions of Hyatt v. Hirshfeld and prosecution laches for attorneys.

Amazon, Macy’s, Dell, Others Free From Patent Infringement Suit – Perry Cooper, a legal reporter for BloombergLaw.com, reported on the aftermath of a recent decision made by the Federal Circuit in SpeedTrack, Inc. v. Amazon.com.

Here is the latest.

The Federal Circuit did not release any opinions or orders this morning.

This week is Court Week at the Federal Circuit. Here’s what you need to know. The court will convene 13 panels to consider about 53 cases. Of these 53 cases, the court will hear oral arguments in 42. Notably, none of these argued cases attracted amicus briefs. Finally, this month, as in the past several months, the court will hear oral arguments telephonically given the coronavirus pandemic, and the court is providing access to live audio of each panel scheduled for argument via the court’s YouTube channel. Here is the most recent list of cases being argued this week.

Agency May Deny Patents if Inventors Delay Process, Court Says – Perry Cooper submitted an article on BloombergLaw.com about repercussions of a recent Federal Circuit case addressing prosecution laches, Hyatt v. Hirshfeld. 

How to Get “Boxed-In” and Blow a Judgment You Received: Sleeping in the Bed You Made – Five authors, Amanda Murphy, Brooke Winer, Melissa Santos, Grodan Wright, and Thomas Irving, wrote an article posted on NationalLawReview.com reporting on the holding from a recent Federal Circuit patent case, Cap Export, LLC v. Zinus, Inc., where the Federal Circuit affirmed a district court’s decision to set aside a judgment based on “affirmative misrepresentations” related to alleged prior art.

Recent Case Action Restores Confidence in Federal Whistleblowers – Mathew B. Tully reported on FedSmith.com that a recent decision by the Federal Circuit, Tao v. Merit Systems Protection Board, “has favorable implications for federal employee whistleblowers.”

Here is the latest.