FedCircuitBlog

Earlier this month, the Federal Circuit decided Trimble Inc. v. PerDiemCo LLC, a patent case we have been following because it attracted an amicus brief. The amicus brief argued that Red Wing Shoe Co. v. Hockerson-Halberstadt, Inc., “which held that patent licensing demand letters can never suffice to create personal jurisdiction over asserters of those patents, is inconsistent with controlling Supreme Court precedent.” Judge Dyk authored a unanimous panel decision reversing and remanding the district court’s decision not to assert personal jurisdiction over PerDiemCo. In the court’s view, its “more recent cases have concluded that, in the context of patent litigation, communications threatening suit or proposing settlement or patent licenses can be sufficient to establish personal jurisdiction.” This is our opinion summary.

This morning the Federal Circuit issued two precedential opinions in patent cases: one reversing a decision by the Patent Trial and Appeal Board and one affirming a decision by the International Trade Commission. The court also issued a nonprecedential opinion affirming in part and reversing and remanding in part a decision by the Central District of California. Here are the introductions to the opinions.

If San Francisco Is Not Your Final Destination… – On NatLawReview.com, George Summerfield and Katherine Allor examine the Federal Circuit’s recent patent case addressing personal jurisdiction, Trimble, Inc. v. PerDiemCo LLC.

New Vision Gaming & Development, Inc. v. SG Gaming, Inc. – Kevin E. Noonan reports on this case that we have been tracking, which involved alleged due process violations by the Patent Trial and Appeal Board. 

Here is the latest.

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

Yesterday the United States Senate’s Committee on the Judiciary heard testimony from Tiffany Cunningham, President Biden’s nominee to become the newest judge on the Federal Circuit. Here is a collection of reports about yesterday’s hearing.

Chicago attorney Tiffany Cunningham Sprints Through Senate Judiciary Committee Hearing – Lynn Sweet, a reporter for the Chicago Sun Times, mentions in her article that “[i]f confirmed, [Cunningham] will be the first Black judge to sit on the U.S. Court of Appeals for the Federal Circuit in D.C.”

Who is Tiffany Cunningham? – In her article on NationalReview.com, Carrie Campbell Severino reviews President Biden’s nominee for the Federal Circuit, Tiffany Cunningham, and the recent Senate Judiciary Committee nomination hearing.

Judge (Upcoming) Tiffany Cunningham – Dennis Crouch reports on PatentlyO.com on Tiffany Cunningham’s hearing and attaches Cunningham’s written answers.

Federal Circuit is ‘Dream Job,’ Cunningham Tells Senate Panel – Matthew Bultman, on BloombergLaw.com, reports about the nominee Tiffany Cunningham, who described a seat on the Federal Circuit as a “dream job.”

Here are more details on each article or blog post.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. Five new petitions were filed with the Court–four in patent cases and one in a pro se case. Additionally, the respondents in two different patent cases filed their briefs in opposition, while the Court requested a response to a petition in a government contract case. Upon the parties’ request, the Court dismissed Ariosa Diagnostics, Inc. v. Illumina Inc.. Finally, the Court denied two other petitions, one in a trademark case and one in a patent case.

Here are the details.

This morning the Federal Circuit issued a nonprecedential order in a patent case granting a petition for panel rehearing to the extent that the panel withdrew and replaced its precedential opinion in the same case. The order indicates that the precedential opinion, also issued today, differs from the original opinion only to the extent that the panel added one additional sentence, which explains why summary judgment was inappropriate. The court also issued a nonprecedential opinion in another patent case. Here is text from the order and the introductions to the opinions.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. While there were no recent petitions, responses to petitions, or denials of petitions, the court did receive several amicus briefs. One amicus brief came in Apple Inc. v. Qualcomm Inc., a case concerning the panel’s decision to deny competitor standing in an appeal from the Patent Trial and Appeal Board. Three came in Amgen Inc. v. Sanofi, Aventisub LLC, where the petition raised questions related to “the panel’s new enablement test for genus claims with functional limitations” and whether that test is consistent with Supreme Court precedent on point. Here are the details.

This morning the Federal Circuit issued a nonprecedential order denying a petition for a writ of mandamus seeking to order the United States District Court for the Western District of Texas to stay all non-venue proceedings until ruling on a motion to dismiss or transfer. Here is language from the opinion.

Federal Circuit PTAB Appeal Statistics through April 30, 2021 – In an article posted to the National Law Review, Daniel Klodowski and Elliot Cook reported on statistics related to the Federal Circuit’s resolution of appeals from the Patent Trial and Appeal Board.

Partial Victory for L’Oreal In Hair Coloring Fight – Jillian Ambrose and Christine Hawes posted to CrowellTradeSecretsTrends.com about a recent opinion by the Federal Circuit in a trade secrets battle between Olaplex, Inc. and L’Oreal.

Vaccine Injury Victim Gets Pay, Despite Medical Records Silence – Mary Anne Pazanowski explained how a Vaccine Act claimant was awarded compensation after the Federal Circuit reversed a lower court’s decision.

Here is the latest.