FedCircuitBlog

This morning, the Federal Circuit issued two precedential opinions in a patent case and a veterans case. The court also issued a nonprecedential order denying a petition for a writ of mandamus that would have directed a district court to stay proceedings. Here are the introductions to the opinions and text from the order.

Two cases being argued next week at the Federal Circuit attracted amicus briefs. One is Trimble Inc. v. PerDiemCo LLC. In this case, Trimble, the plaintiff-appellant, asks the Federal Circuit to reverse a district court’s dismissal of a declaratory judgment action based on a lack of personal jurisdiction over a patent owner. This is our argument preview.

Yesterday, the Federal Circuit issued its opinion in Network-1 Technologies, Inc. v. Hewlett-Packard Company, a case we have been tracking because it attracted an amicus brief. In the opinion, a panel of the court composed of Judges Prost, Newman, and Bryson unanimously affirmed-in-part and reversed-in-part a district court’s construction of claim terms. The court also vacated the district court’s granting of JMOL based on estoppel due to a previous inter partes review proceeding. Finally, the court affirmed the district court’s judgment that the asserted claims were not improperly broadened. Based on its holdings, the court remanded the case back to the district court. Here is a summary of the opinion.

This morning, the Federal Circuit issued a precedential opinion in a patent case and a nonprecedential opinion in a case concerning false advertising and the Lanham Act. Here are the introductions to the opinions.

Yesterday the Federal Circuit issued a Notice of Upcoming Modifications to Clerk’s Office Procedures. In the notice, the court announced it will be resuming public access by telephone, discontinuing public assistance by email, and finalizing electronic filing access for pro se parties, among other things. Here is a summary of the announced changes.

• Why Patents Can Matter In Trade Secret Cases – A recent petition for certiorari to the Supreme Court in Acer America Corp. v. Intellisoft, Ltd., highlights the critical interrelationship between trade secret law and patent law.
• Fed. Circ. Won’t Revive Presidio’s Capacitor Patent Claims – The Federal Circuit issued a nonprecedential opinion in a patent case involving a capacitor, described by the Federal Circuit as “a device that stores energy in an electric field when connected to an electrical circuit.”
• Supreme Court to consider all sides’ cert petitions in Arthrex patent-law case – Next week, the U.S. Supreme Court meets for its first conference since the summer recess. The agenda includes the controversial decision in Arthrex, Inc. v. Smith & Nephew.

Here’s the latest.

This month we highlight two scholarly articles related to the Federal Circuit.

• It’s Anti-Suit Injunctions All The Way Down – The Strange New Realities of International Litigation Over Standards-Essential Patents
• The TRIPS Agreement Article 73 Security Exceptions and the COVID-19 Pandemic

Here are the details.

Recently we hosted an online symposium in anticipation of last week’s sunset of covered business method review (CBMR), proceedings held by the Patent Trial and Appeal Board to review the patentability of claims included in “covered business method” patents. The Federal Circuit, in turn, reviews the PTAB’s judgments in these proceedings. Six authors across four blog posts presented various analyses of CBMR, including arguments for and against allowing the program to sunset, the history of CBMR, and the significance of Federal Circuit opinions reviewing decisions by the PTAB in these proceedings. Here, we wrap up our online symposium by highlighting each contribution and its central premise, before I provide some brief closing remarks reflecting on what we have read.

This morning the Federal Circuit issued one precedential opinion in a patent case, one precedential opinion in an employment case, and one nonprecedential opinion in a patent case. Here are the introductions to the opinions.

This post summarizes recent activity at the Supreme Court in cases decided by the Federal Circuit.

• The Supreme Court received three new petitions this week in (1) Cochlear Corporation v. Alfred E. Mann Foundation for Scientific Research, (2) Arctic Cat Inc. v. Bombardier Recreational Products Inc., and (3) Acer America Corporation v. Intellisoft, Ltd.
• Two briefs in response to petitions were filed with the Court, the first by Rovi in Comcast Cable Communications, LLC v. Rovi Guides, Inc., and the second by Facebook in B.E. Technology, L.L.C. v. Facebook, Inc.
• One reply brief was filed with the Court by Phazzer in Phazzer Electronics, Inc. v. Taser International, Inc.
• Lastly, two waivers of right to respond were filed with the Court in Drevaleva v. United States and Bozeman Financial LLC v. Federal Reserve Bank of Atlanta.

Here are the details.