FedCircuitBlog

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include new petitions in two cases raising questions related to the presumption of validity, motions for attorneys fees, and the propriety of Rule 36 judgments in cases appealed from the U.S. Patent and Trademark Office; a new response to a petition raising a question related to patent eligibility; a new amicus brief in a case raising questions related to venue and Hatch-Waxman; and the denial of a petition in a pro se case. Here are the details.

• Trademark Modernization Act Becomes Law: Establishes New Procedures to Remove Deadwood Registrations, Restores Presumption of Irreparable Harm, and Protects the Independence of the Trademark Trial and Appeal Board – The Trademark Modernization Act was signed into law on Sunday as part of a COVID-19 relief and government spending bill entitled the “Consolidated Appropriations Act, 2021.”
• One vet’s GI Bill fight could win benefits for millions of other students – A final decision from the Federal Circuit is expected soon, which may have an impact on students looking to enroll in college courses in the fall of 2021.

Here’s the latest.

This morning the Federal Circuit issued one precedential opinion in a patent case addressing ineligibility and a motion for leave to file an amended complaint and one nonprecedential opinion in a takings case appealed from the Court of Federal Claims. Here are the introductions to the opinions.

This morning, the Federal Circuit issued a nonprecedential opinion in a vaccine case and a nonprecedential opinion in a patent case. Here are the introductions to the opinions.

Last week, the Federal Circuit decided Boeing Co. v. Secretary of the Air Force, a government contract case we have been following because it attracted an amicus brief. Judge Lourie authored a unanimous panel opinion reversing a denial of summary judgment by the Armed Services Board of Contract Appeals, vacating the Board’s entry of final judgment, and remanding. In particular, the Federal Circuit agreed with Boeing’s interpretation of a clause of the Defense Federal Acquisition Regulation Supplement as permitting marking of technical data provided to the government in a way that protects rights against use by third parties. This is our opinion summary.

This morning, the Federal Circuit issued a precedential opinion in a government contracts case, a nonprecedential opinion in a veterans case, and a nonprecedential opinion in a patent case. The Federal Circuit also denied two petitions for writs of mandamus in two nonprecedential orders. Finally, the court granted a petition for a writ of mandamus in another nonprecedential order. The writ of mandamus vacates an order by the Western District of Texas to hold a patent case in its Waco Division rather than its Austin Division. Here are the introductions to the opinions and text from the orders.

Here is an update on recent en banc activity in patent cases at the Federal Circuit. Highlights include new petitions raising questions related to inter partes review, eligible subject matter, and enablement; a new response to a petition addressing intervention; two new invitations to respond to petitions raising questions related to transfer of venue and inducement of infringement in the context of Hatch-Waxman; and the denial of a petition related to anticipation. Here are the details.

• The Federal Circuit Says Theaters Can’t Move IP Fight Out Of Texas – Judge Rodney Gilstrap may proceed with Cinemark’s suit against Intertrust Technologies Corp.
• Doctrine of Equivalents in Lilly v. Apotex – The Federal Circuit affirmed the lower court’s finding of summary judgment of Apotex’s infringement under the doctrine of equivalents.
• USPTO Finalizes Rules On Patent Amendments, Fee Discounts – The USPTO announced two new rules on amending patents and discounts for patent application fees.

Here’s the latest.

This morning the Federal Circuit issued two nonprecedential opinions: one in an appeal from the Merit Systems Protection Board and one in a veterans case. Additionally, the Federal Circuit issued one nonprecedential order denying a petition for a writ of mandamus. Here are the introductions to the opinions and text from the order.

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 a disposition in a takings case, a patent case attracting an amicus brief on the issue of the non-obviousness requirement, new briefing in a patent case challenging post-grant review proceedings as violating due process, and four recent oral arguments in cases raising questions related to patent, takings, and veterans law. Here are the details.