FedCircuitBlog

This morning the Federal Circuit issued one precedential opinion in a patent case. The court also issued three nonprecedential opinions: two in patent cases and one in an appeal from the Merit Systems Protection Board. Finally, the court issued one precedential order granting a motion to substitute a successor-in-interest in a design patent case. Here are the introductions to the opinions and text from the order.

This morning, the Federal Circuit issued a precedential opinion in a patent case and a precedential opinion in a case appealed from the Court of Federal Claims. The Federal Circuit also issued nonprecedential opinions in two patent cases, a case appealed from the Merit Systems Protection Board, and another case appealed from the Court of Federal Claims. Additionally, the Federal Circuit issued a nonprecedential errata. Here are the introductions to the opinions and the text of the errata.

Here is an update on recent en banc activity at the Federal Circuit. Last week the court heard oral argument in the en banc veterans case. As for petitions in patent cases, highlights include a new petition raising a question related to claim construction; new responses to petitions raising questions related to inter partes review and Rule 36 summary affirmances; a new invitation to respond to a petition raising questions related to deference to the Patent Trial and Appeal Board; a new amicus brief in a case raising questions related to inter partes review; and the denial of two petitions raising questions related to patent eligibility and transfer of venue. Here are the details.

This morning the Federal Circuit issued three nonprecedential opinions: one in a veterans case, one in a tax case, and one in a patent case. Additionally, the court issued three Rule 36 judgments. Here are the introductions to the opinions and links to the Rule 36 judgments.

• Deere Loses Patent Challenge at Federal Circuit – The Federal Circuit rejected Deere & Co.’s attempt to invalidate a patent over combine crop harvester technology as a misrepresentation of the PTAB’s decision.
• Federal Circuit Unlikely To Nix Apple’s Win In Memory Patent Case – Qualcomm met resistance when arguing before the Federal Circuit that the PTAB did not construe a key term in invalidating Qualcomm’s patent.

Here’s the latest.

This morning, the Federal Circuit issued two precedential opinions and one nonprecedential opinion in patent cases, as well as a precedential opinion and two nonprecedential opinions in cases appealed from the Merit Systems Protection Board. The court also issued a Rule 36 judgment. Here are the introductions to the opinions and a link to the Rule 36 judgment.

• Challenging Therapeutics IP After Fed. Circ. Drink Can Ruling – Issued on the last day of 2020, the Federal Circuit’s opinion in Ball Metal Beverage Container Corp. v. Crown Packaging Technology Inc., raises important considerations for patent challengers alleging the indefiniteness of measurement claim terms that describe pharmacologic or physicochemical properties of an invention.
• Apple Transfer Win Survives Bid for Full Federal Circuit Review – The Federal Circuit denied a petition for an en banc review of an earlier decision that enabled Apple to transfer its case to the Northern District of California.
• Federal Circuit Says PTAB Failed to Provide Proper Notice to IPR Respondent of Anticipation Theory – A recent Federal Circuit decision held that the Patent Trial and Appeal Board erred in finding a claim anticipated by prior art even though the petition for inter partes review had only asserted obviousness as to the claim.  

Here’s the latest.

This morning, the Federal Circuit issued a nonprecedential opinion in a patent case affirming a rejection of a patent application for claiming unpatentable subject matter. Here is the introduction to the opinion.

Yesterday, the Federal Circuit held an en banc session to hear oral argument in Arellano v. Tran. In this case, the court is considering the availability of equitable tolling in the context of a statutory provision addressing veterans who request disability benefits by filing an application within one year from the date of the their discharge or release. This is our argument recap.

This morning the Federal Circuit issued two precedential opinions in government contract cases. Additionally, the court issued two nonprecedential opinions in patent cases. Finally, the court issued three Rule 36 judgments. Here are the introductions to the opinions and links to the Rule 36 judgments.