FedCircuitBlog

This morning the Federal Circuit released a precedential opinion in a trade case appealed from the Court of International Trade. In it, the Federal Circuit affirmed the Court of International Trade’s decision to dismiss a complaint for lack of jurisdiction. Here is an introduction to the opinion.

This week is Court Week at the Federal Circuit. In total, the court will convene eleven panels to consider 48 cases this week and on Tuesday of next week. Of these 48 cases, the court will hear oral arguments in 35. The Federal Circuit is providing access to live audio of these arguments via the Federal Circuit’s YouTube channel. Of the argued cases, three cases attracted amicus briefs. Two are appeals of judgments of patent ineligibility, and one is an appeal of an order to request the Food and Drug Administration to remove (or “delist”) a patent from the FDA’s so-called Orange Book. Here’s what you need to know about these three cases.

Three cases being argued in February at the Federal Circuit attracted amicus briefs. One of those cases is C.R. Bard, Inc. v. Medical Components, Inc., a patent case that includes both an appeal and a cross-appeal. In this case, the Federal Circuit will review a determination by a district court that Bard’s claims are directed to patent-ineligible printed matter under 35 U.S.C. § 101 and, moreover, lack an inventive concept. With respect to the cross-appeal, the court will similarly consider whether MedComp’s claims are ineligible. This is our argument preview.

This morning the Federal Circuit released a nonprecedential opinion in a patent case appealed from the Patent Trial and Appeal Board. Notably, Judge Schall filed a dissenting opinion. Here are the introductions to the opinions.

As we reported yesterday, three cases being argued in February at the Federal Circuit attracted amicus briefs. One of those cases is Realtime Data LLC v. Array Networks Inc., a patent case. In this case, the Federal Circuit will review 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. This is our argument preview.

This morning the Federal Circuit released two nonprecedential opinions. The first comes in an employment case appealed from the Office of Congressional Workplace Rights; the second comes in a patent case appealed Patent Trial and Appeal Board. The Federal Circuit also released a nonprecedential order dismissing an appeal. Here are the introductions to the opinions 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, the Supreme Court issued its opinion in Arellano v. McDonough, a veterans case. With respect to petitions, one new petition was filed with the Court in a trademark case. Here are the details. 

This morning the Federal Circuit released a precedential order in a patent case granting a petition for a writ of mandamus and ordering the Western District of Texas to transfer the case to the Northern District of California. The Federal Circuit also released three nonprecedential orders dismissing appeals for failure to prosecute. Here is text from the order and links to the dismissals.

Three cases being argued in February at the Federal Circuit attracted amicus briefs. One of those cases is Jazz Pharmaceuticals, Inc. v. Avadel CNS Pharmaceuticals LLC, a patent case. In it, the Federal Circuit will review 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. This is our argument preview.

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 potential impact on the value of patents for universities if the Supreme Court grants review in a recent case decided by the Federal Circuit;
• another article reporting how “U.S. District Judge Alan Albright won’t transfer a cryptographic data technology patent suit against Microsoft Corp.”; and
• a blog post about a district court finding a patent that “covers a process for allowing users to upload ‘dynamic albums’ to be stored on their devices” to be patent ineligible.