FedCircuitBlog

This morning the Federal Circuit issued a precedential opinion reversing the Patent Trial and Appeal Board in a patent case over a partial dissent by Judge Dyk. The court also issued a nonprecedential opinion affirming a decision by the United States Court of Federal Claims in a tax case.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. Currently, with respect to the Supreme Court’s October 2021 term, the Court has not granted any petitions in cases decided by the Federal Circuit. As for pending petitions, since our last update one new petition was filed in a taking case asking questions concerning choice of law, the government submitted a waiver of right to respond in a Tucker Act case, and respondents filed response briefs in a patent case and a pro se case. Here are the details.

This morning the Federal Circuit issued two Rule 36 judgments. One affirms a judgment of the U.S. District Court for the District of Delaware, and the other affirms a judgment of the Armed Services Board of Contract Appeals. Here are links to the Rule 36 judgments.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received three new petitions this week raising issues concerning the scope of appellate review, patent eligibility, and the extent of estoppel with respect to claim constructions. Additionally, the court invited responses in two cases addressing the court’s jurisdiction and the case addressing the extent of estoppel in claim constructions. Lastly, the court denied petitions in three cases raising questions related to patent eligibility, inventorship, and the evaluation of expert opinions. Here are the details.

This morning the Federal Circuit released a precedential opinion in an international trade case, three nonprecedential opinions in patent cases, and two Rule 36 summary affirmances. Here are the introductions to the opinions and the links to the Rule 36 summary affirmances.

The Arthrex Fix Is No Fix At All – In an article posted on iam-media.com, Paul Morinville reports that “[t]he long-awaited SCOTUS Arthrex decision does not provide the solution to the problem at the heart of the case.”

Texas Court Bounces Triller/TikTok Patent Dispute to California – Chris Cooke wrote an article on completemusicupdate.com reporting about how a Texas district judge sent a patent case between Triller and TikTok to the courts in California, perhaps due to criticism by the Federal Circuit.

Are 5% of All U.S. Issued Patents Presumed to Be Unenforceable Under Laches Due to Their Priority Claims? – On IPWatchDog.com, Kate Gaudry reports on the “potential impacts” of the recent Federal Circuit case Hyatt v Hirshfeld concerning prosecution laches.

This evening the United States Senate voted 63-33 to confirm Tiffany P. Cunningham’s nomination to the Federal Circuit. Once she receives her commission, she will make history by becoming the first African American judge on the Federal Circuit. As we have highlighted, she will join the court with prior experience as a law clerk at the Federal Circuit with Judge Dyk. She is a registered patent attorney with an undergraduate degree in chemical engineering and nearly two decades of experience as a patent litigator with Perkins Coie in Chicago.

This morning the Federal Circuit issued a precedential opinion in a government contract case appealed from the Court of Federal Claims and four Rule 36 judgments. Here is the introduction to the opinion and the links to the Rule 36 judgments.

This morning the Federal Circuit issued a nonprecedential opinion in a veterans benefits case appealed from the United States Court of Appeals for Veterans Claims. The Federal Circuit dismissed the case for lack of jurisdiction. Here is the introduction to the opinion.

Recent Federal Circuit Developments in Patent Licensing – On PharmExec.com, Johnathan Harris, Heather Brady, and Drew Hiller have written an article concerning the Federal Circuit and “recent legal developments [that] can help companies avoid infringement.”

Federal Circuit: ‘Patentees Need Not Prove Their Case at the Pleading Stage’ – In her article on LawStreetMedia.com, Christina Tobacco wrote about an opinion recently issued by the Federal Circuit where the court “considered the stringency of pleading requirements in patent infringement cases.”

SCOTUS Decides Arthrex: Much Ado about Inter Partes Reviews – Aziz Burgy posted an article on BloombergLaw.com about the Supreme Court’s recent decision in Arthrex.

Court Ruling May Let Veterans Access Both Montgomery and Post-9/11 GI Bill Benefits – Patricia Kime reported on Military.com about the Federal Circuit’s decision in Rudisill v. McDonough and how it “could require the Department of Veterans Affairs to pay veterans an additional year of education benefits under both the Montgomery GI Bill and the Post-9/11 GI Bill.”