FedCircuitBlog

This morning, the Federal Circuit issued a precedential opinion in a veterans case. Here is the introduction to the opinion.

• NYIPLA Amicus Brief in Ericsson v. Samsung Advocates the Adjudication of U.S. Patent Rights by U.S. Courts – The New York Intellectual Property Law Association (NYIPLA) recently submitted an amicus brief urging the Federal Circuit to balance the interests of the U.S. in resolving domestic patent protection against the rule of comity.
• Vivint Patent Ruling Upheld Over Belated Appointments Argument – The Federal Circuit ruled that Vivint forfeited the constitutional arguments from Arthrex when it failed to raise such arguments on appeal, even though Arthrex had not yet been issued at the time of the appeal.
• Banks Face Lawsuit ‘Frenzy’ After Business Patent Reviews End – In the last eight months, nearly three times as many patent suits involving financial services patents have been filed against banks and e-commerce companies after the PTO’s covered business method review program expired last September.

Here’s the latest.

On Wednesday, the Supreme Court will hear oral arguments in Minerva Surgical, Inc. v. Hologic, Inc., the case that is predicted to determine the fate of the assignor estoppel doctrine. Specifically, the question presented to the Court is: “whether a defendant in a patent infringement action who assigned the patent, or is in privity with an assignor of the patent, may have a defense of invalidity heard on the merits.” This is our argument preview.

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

• The Court received three new petitions for writ of certiorari.
• Three new response briefs were filed with the Court in the following cases: Merit Medical Systems, Inc. v. Khan, Maine Community Health Options v. United States, and Sandoz Inc. v. Immunex Corp.
• Two new response briefs were filed with the Court in American Axle & Manufacturing, Inc. v. Neapco Holdings LLC and Khan v. Merit Medical Systems Inc.
• The Court received one new waiver of right to respond from the Secretary of Veterans Affairs in Blanton v. Secretary of Veterans Affairs.

Here are the details.

This morning, the Federal Circuit issued a precedential opinion in a patent case concerning whether a reference needs a self-enabling disclosure to support obviousness and another precedential opinion in a government contracts case. The court also issued a Rule 36 judgment. Here are the introductions to 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 recent oral arguments in a veteran’s case and a patent case, as well as three upcoming oral arguments in a patent case, veteran’s case, and a case concerning the jurisdiction of the Merit Systems Protection Board.

This morning, the Federal Circuit issued a nonprecedential opinion in a government contract case affirming a holding of the Civilian Board of Contract Appeals. Here is the introduction to the opinion.

As we have been reporting, two panels of the Federal Circuit heard oral arguments last week in cases that attracted amicus briefs. In one of these cases, New Vision Gaming & Development, Inc. v. SG Gaming, Inc., the court is reviewing two decisions by the Patent Trial and Appeal Board in covered business method reviews and, in particular, arguments that structural bias within the U.S. Patent and Trademark Office in favor of challenges to patents amounts to a due process violation. Judges Moore, Taranto, and Newman heard the arguments. This is our argument recap.

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

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received a new petition raising a question related to use of a printed publication in an inter partes review. The court also denied a petition in a case raising questions related to inter partes review and the effective date of the Federal Circuit’s remedy in Arthrex, Inc. v. Smith & Nephew, Inc. Here are the details.