FedCircuitBlog

Here is an update on recent en banc activity in patent cases at the Federal Circuit. The court received a new petition raising questions related to intervening rights, willfulness, and unclean hands, and the court invited a response to a petition raising questions related to claim construction and the doctrine of equivalents. Here are the details.  

• How to Choose the Next Federal Circuit Judge: Stick with Experience – Retired Judge Paul Michel of the Federal Circuit shares his thoughts on a future nominee to the Federal Circuit.
• In “Landmark” Ruling, Court Raises Threshold for Firing Feds – The Federal Circuit ruled that agencies must show cause when putting employees on a performance improvement plan in Santos v. National Aeronautics and Space Administration.
• Inventors, Tech Are Taking The Brunt Of Alice Axes – Researchers from Stanford Law School published a study on patent eligibility following the Federal Circuit’s decision in Alice.

Here’s the latest.

This morning, the Federal Circuit issued one nonprecedential opinion in a case appealed from the Merit Systems Protection Board and one nonprecedential opinion in a veterans case. The court also issued one nonprecedential order denying a petition for a writ of mandamus to reverse a transfer order by the Western District of Texas. Here are the introductions to the opinions and text from the order.

This morning, the Federal Circuit issued a precedential opinion in a tax case involving a penalty levied due to alleged noncompliance with the Bank Secrecy Act and a nonprecedential opinion in a patent case affirming a district court’s award of attorney’s fees and double costs. The Federal Circuit also issued a Rule 36 judgment. Here are the introductions of the opinions and a link to the Rule 36 judgment.

Here is this month’s update on activity in cases pending before panels of the Federal Circuit where the cases involve at least one amicus brief. We keep track of these cases in the “Other Cases” section of our blog. Today, with respect to these cases we highlight two dispositions, one new case with an amicus brief, one case with new briefing, one case update, three recent oral arguments, and two upcoming oral arguments. Here are the details.

This morning, the Federal Circuit issued a nonprecedential order in a patent case denying a petition for a writ of mandamus to order the Western District of Texas to stay all deadlines unrelated to venue until the district court rules on a pending motion to dismiss or transfer. Here is text from the order.

• Good News for Patentees: Bipartisan NSCAI Invokes National Security in Calling for Legislation to Clarify Patent Eligibility – A recent report released by a bipartisan congressionally-established commission lends powerful support to Section 101 reform initiatives.
• Dish Rejected in Bid to Revive Data Compression Patent Challenge – The Federal Circuit refused to jump-start a patent challenge after the Patent Trial and Appeal Board found that the challenge was time-barred.
• Method for Determining Haplotype Phase Found Subject Matter Ineligible – Applying the Alice framework, the Federal Circuit emphasized that a mathematical or scientific algorithm, without more innovation or improvement, is patent ineligible.

Here’s the latest.

Yesterday, the Federal Circuit announced that the court’s electronic filing system will be unavailable on Saturday, March 27, 2021, from 6:00 a.m. – 6:00 p.m. (Eastern). Here is the text from the announcement.

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

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit.

• The Court received four new petitions for writ of certiorari.
• One new amicus brief was filed with the Court in Sandoz Inc. v. Immunex Corp. by The Association for Accessible Medicines and America’s Health Insurance Plans, Inc.
• One new waiver of right to respond was filed with the Court by the Secretary of Veterans Affairs in Jones v. Secretary of Veterans Affairs.

Here are the details.