Late yesterday and this morning, the Federal Circuit issued three nonprecedential orders dismissing appeals. Here are links to the dismissals.
Argument Preview – FS.COM Inc. v. International Trade Commission
One case being argued in March at the Federal Circuit attracted an amicus brief. That case is FS.COM Inc. v. International Trade Commission, a patent case. In this case, the Federal Circuit will review a determination by the ITC that Panduit Corp. and The Siemon Company infringed certain patents and The Siemon Company and FS.com Inc. infringed one patent. This is our argument preview.
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:
- an article about the Federal Circuit deciding the Patent Trial and Appeal Board “must take a second look at a video-streaming technology patent challenged by Netflix Inc. and Hulu LLC”;
- a blog post about the potential effects of an upcoming Supreme Court case on patents; and
- another article about a Federal Circuit decision affirming claim construction rulings by the Eastern District of Texas.
Argument Recap – Jazz Pharmaceuticals, Inc. v. Avadel CNS Pharmaceuticals LLC
In February, the Federal Circuit heard oral argument in Jazz Pharmaceuticals, Inc. v. Avadel CNS Pharmaceuticals LLC, a patent case that attracted an amicus brief. In this case, the Federal Circuit is reviewing a determination by a district court that Jazz must request the Food and Drug Administration remove (or “delist”) one of its patents from the FDA’s so-called Orange Book because that patent was improperly listed. The panel hearing the oral argument included Judges Lourie, Reyna, and Taranto. This is our argument recap.
Opinions and Orders – March 2, 2023
This morning the Federal Circuit released one precedential opinion and four nonprecedential orders. In the precedential opinion, the court affirmed a case appealed from the Court of International Trade. Three of the nonprecedential orders dismiss appeals and one is an erratum. Here is the introduction to the opinion and links to the dismissals and erratum.
Recent Supreme Court Activity
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, four new petitions were filed with the Court: one in a veterans case, one challenging the Federal Circuit’s use of summary affirmances, and two in pro se cases. The government waived its right to respond in a contract case, and a private party waived its right to respond in the case addressing the Federal Circuit’s use of summary affirmances. Finally, the Court denied a petition in a patent case. Here are the details.
Opinions and Orders – March 1, 2023
Late yesterday and this morning, the Federal Circuit released two nonprecedential opinions and five nonprecedential orders. In the first nonprecedential opinion, the court vacated and remanded a judgment of the Patent Trial and Appeal Board. In the second nonprecedential opinion, the Federal Circuit affirmed a judgment in an appeal from the District of Delaware. In two nonprecedential orders, the Federal Circuit denied petitions in cases originating in the Western District of Texas and the Eastern District of Texas. The three additional nonprecedential orders dismiss appeals. Here are the introductions to the opinions, text from the orders, and links to the dismissals.
Argument Recap – Realtime Data LLC v. Array Networks Inc.
In February, the Federal Circuit heard oral argument in Realtime Data LLC v. Array Networks Inc., a patent case. In this case, the Federal Circuit is reviewing a determination by a district court that Realtime’s patents are directed to an abstract idea and lack inventive concept and are thus invalid under 35 U.S.C. § 101. The panel hearing the oral argument included Judges Newman, Reyna, and Taranto. This is our argument recap.
Federal Circuit Issues Notice of New Federal Circuit Rules, Court Forms, Guides, and Filing Resources
Today the Federal Circuit issued a Notice of New Federal Circuit Rules, Court Forms, Guides, and Filing Resources. The notice highlights how the Federal Circuit Rules of Practice, forms, and procedures have been updated given Amendments to the Federal Circuit Rules announced last week that take effect today. Here is the full text of the announcement.
Recent En Banc Activity
Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received a petition raising questions related to claim construction and another petition raising questions related to prosecution laches, and the court also invited a response to the same petition raising questions related to prosecution laches. Here are the details.