FedCircuitBlog

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:

• an article discussing oral arguments at the Federal Circuit in three appeals between Masimo Corp. and Apple Inc. involving “a series of Patent Trial and Appeal Board rulings that inventions described in Masimo’s patents were obvious and therefore unpatentable”;
• an article about how LKQ Corp. v. GM Global Tech. Operations holds the potential to make changes to the longstanding test for design patent obviousness; and
• an article analyzing the potential impact of a former soldier’s argument that the “U.S. Supreme Court [should] reverse a Federal Circuit decision that he claimed wrongly reduced his access to increased benefits Congress granted to wartime veterans.”

This morning, the Federal Circuit released two nonprecedential opinions: one in a patent case addressing an appeal from a summary judgment of noninfringement and another in a trademark case addressing priority and likelihood of confusion. Here are the introductions to the opinions.

This morning, the Federal Circuit released four opinions: a precedential opinion in a patent case addressing obviousness, a nonprecedential opinion in a pro se case addressing an appeal from the Court of Federal Claims related to subject matter jurisdiction, and two nonprecedential opinions in pro se cases appealed from the Merit Systems Protection Board. The Federal Circuit also released a nonprecedential order dismissing an appeal and a summary affirmance. Here are the introductions to the orders and links to the dismissal and the summary affirmance.

Last week, the Federal Circuit issued its opinion in Teradata Corporation v. SAP SE, a case we have been following because it attracted amicus briefs. In this case, the Federal Circuit considered an appeal asking it to review a district court’s grant of summary judgment dismissing tying and trade secret claims. In an opinion authored by Judge Taranto and joined by Judges Lourie and Hughes, the Federal Circuit transferred the appeal to the Court of Appeals for the Ninth Circuit. This is our opinion summary.

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:

• an article covering reactions to the recent recommendation by a special committee of Federal Circuit judges that “Judge Pauline Newman should be disciplined for refusing to comply with orders related to an investigation into her ability to perform her duties”;
• a blog post providing an update on the special committee’s recommendation; and
• an article about how Apple has argued to the Federal Circuit that the “U.S. International Trade Commission’s holding that Apple Watch imports should be banned for infringing another company’s patents risks turning the agency into a standard patent litigation forum, rather than one meant to rein in harmful trade practices.”

This morning, the Federal Circuit released two nonprecedential opinions, one in a patent case addressing obviousness and one addressing jurisdiction in a case involving an appeal from the Court of Federal Claims. The Federal Circuit also released two nonprecedential orders, one transferring a case to a district court and another dismissing an appeal. Here are the introductions to the opinions, text from the order transferring a case, and a link to the dismissal.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, there is no new activity to report since our last update. With respect to petitions, one new petition was filed by a pro se petitioner asking the Court to consider what the proper standard of review is for an appeal seeking to correct military records. Here are the details.

This morning, the Federal Circuit released a nonprecedential opinion in a veterans case addressing a claim for a service-connected disability. Late yesterday and today, the court also released three nonprecedential orders dismissing appeals and a Rule 36 summary affirmance. Here is the introduction to the opinion and links to the dismissals and the summary affirmance.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include a new petition presenting a question related to indirect infringement and a response brief addressing obviousness. Here are the details.

This morning, the Federal Circuit released three nonprecedential opinions: one in a patent case reviewing inter partes review decisions, one in another patent case addressing subject-matter jurisdiction, and one in a case appealed from the Merit Systems Protection Board. Late yesterday, the court also released two nonprecedential orders dismissing appeals. Here are the introductions to the opinions and links to the orders.