News

Recent News on the Federal Circuit

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights the Federal Circuit’s decision to throw out a $100 million verdict in Ericsson Inc. v. TCL Communication Technology Holdings Ltd., another decision holding that attorneys’ fees may not be awarded where a case is dismissed without a court order, a blog post about the frequency individual Federal Circuit judges heard or canceled oral arguments this month, and a post highlighting the first telephonic oral arguments heard by the Federal Circuit this month.

Read More
Opinions

Today’s Opinions – April 16, 2020

This morning the Federal Circuit issued two nonprecedential opinions in Merit Systems Protection Board cases. Here are the introductions to the opinions.

Read More
Petitions / Supreme Court Activity

Recent Supreme Court Activity

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. In granted cases, the Court postponed one oral argument. In petitions cases, one new petition was filed in a patent case presenting questions related to retroactive application of inter partes review and waiver with respect to an Appointments Clause challenge. Two responses in opposition to petitions were filed in patent cases raising questions related to the written description requirement and standing to appeal in inter partes review proceedings. There was one new reply brief filed in a veterans case concerning attorneys fees. And several amicus briefs were filed in three cases. Here are the details.

Read More
Opinions

Today’s Opinions – April 15, 2020

This morning the Federal Circuit issued one precedential opinion in a government contract case. Here is the introduction to the opinion.

Read More
En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include new petitions filed in four cases raising questions relating to patent eligibility, the Appointments Clause, claim construction, and non-obviousness; one new response to a pending petition raising questions related to enablement, written description, and the 7th Amendment; and the denial of ten petitions raising issues including the Appointments Clause, claim construction, and implied licenses. Here are the details.

Read More
Argument Recap

Argument Recap – Bio-Rad Laboratories, Inc. v. 10X Genomics Inc.

Last week the Federal Circuit heard only one case that attracted an amicus brief. In the case, Bio-Rad Laboratories, Inc. v. 10X Genomics Inc., the court confronted several patent-law-related questions. As we noted in our argument preview, these questions related to literal infringement, infringement under the doctrine of equivalents, claim construction, damages, and injunctive relief. The amicus brief, however, focused only on the appropriateness of injunctive relief. On Friday, the parties presented their arguments to a panel that included Judges Newman, O’Malley, and Taranto. This is our argument recap.

Read More
Featured / Opinions

Breaking News – Denial of Summary Judgment of Patent Ineligibility Treated As Final Judgment in Favor of Patent Owner, Allowing Federal Circuit to Reach Eligibility and Invalidate Patent Claims

As we reported earlier today, this morning a panel of the Federal Circuit issued a precedential opinion in Ericsson Inc. v. TCL Communication Technology Holdings Ltd. In this case, the panel reached three important conclusions regarding procedural and substantive matters related to allegations of patent eligibility under 35 U.S.C. § 101.

Read More
Opinions

Today’s Opinions – April 14, 2020

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

Read More
News

Recent News on the Federal Circuit

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights comments on an oral argument held last week in a patent case, a note on a recent Federal Circuit decision that Federal Reserve Banks may challenge patents at the Patent Trial and Appeal Board, an article about another recent Federal Circuit decision involving multi-color trademarks, and a comment on yet another recent decision by the Federal Circuit in an ongoing patent dispute involving medical devices.

Read More
Opinions

Today’s Opinions – April 13, 2020

This morning the Federal Circuit issued one precedential opinion in a patent case, one nonprecedential opinion in a patent case, one nonprecedential opinion in a veterans case, and one nonprecedential order. Here are the introductions to the opinions and the text of the order.

Read More