Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. Highlights include a recap of the oral argument in Maine, Moda , and Land of Lincoln, a new petition in an MSPB case, a response by the Solicitor General to a petition raising questions related to patent eligibility in the context of computer-implemented technology, and a reply in support of a petition in a case raising questions related to sovereign immunity and inter partes reviews of patents. Here are the details.
Today’s Opinions – December 19, 2019
This morning the Federal Circuit issued one precedential opinion in a patent case. Here is the opinion’s introduction.
Recent En Banc Activity
Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include three new petitions (including, notably, in Arthrex, Inc. v. Smith & Nephew, Inc.), a response to the petition and several amicus briefs in support of the petition in American Axle & Manufacturing, Inc. v. Neapco Holdings LLC, and the denial of three petitions. Here are the details.
Today’s Opinions – December 18, 2019
This morning the Federal Circuit issued two precedential opinions, both in patent cases. Here are the introductions to the opinions.
Recent Scholarship Related to the Federal Circuit
This month we highlight three recent papers addressing the Federal Circuit and the areas of law under its jurisdiction. One paper promotes the idea of allowing agencies, such as Veterans Affairs, to aggregate individual claims, such as through class action lawsuits. Another paper focuses on the impact of the Supreme Court’s affirmance of the Federal Circuit’s conclusion that the statutory ban on registration of immoral marks is unconstitutional. And the third paper proposes that appellate courts defer to jury determinations of fair use of copyrights—a standard of review the Federal Circuit notably did not use in its consideration of the dispute between Google and Oracle now pending at the Supreme Court.
Today’s Opinions – December 17, 2019
This morning the Federal Circuit issued a precedential opinion in a patent case and a nonprecedential opinion in another patent case. Here are the introductions to the opinions.
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 recent discussion of march-in rights by Democratic candidates for president, identification of a trend toward use of the enablement requirement rather than the written description requirement to invalidate patent claims in the life-sciences, and analysis of a revised dataset exploring the divergence in treatment of patent eligibility between the United States and the European Patent Office and/or China.
Today’s Opinions – December 16, 2019
This morning the Federal Circuit issued two precedential opinions in patent cases. Here are the introductions to the opinions.
Update on Important Panel Activity
As a reminder, once a month we provide an update on activity in cases pending before panels of the Federal Circuit where the cases involve at least one amicus brief. Today with respect to these cases we highlight one opinion, briefing in six cases, a recent oral argument, and three upcoming oral arguments. (Note you can always find information related to these cases on our “Other Cases” page.) On to the update.
Today’s Opinions – December 13, 2019
This morning the Federal Circuit issued one nonprecedential opinion in a government contract dispute. Here is the introduction.