News

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 discussing Apple’s plan to “introduce watches without the blood oxygen monitoring feature” after the Federal Circuit “lifted a stay of the U.S. International Trade Commission’s ban on the original products”; and
  • an article highlighting how “[f]our 2023 opinions concerning claim construction from the U.S. Court of Appeals for the Federal Circuit offer lessons on how patent prosecution can affect later litigation.”
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Opinions

Opinions & Orders – January 18, 2024

This morning, the Federal Circuit released one precedential opinion, two orders, and one Rule 36 summary affirmance. The precedential opinion addresses an appeal from a final written decision by the Patent Trial and Appeal Board finding claims unpatentable and denying a revised motion to amend claims. The orders are dismissals. Here is the introduction to the opinion and links to the dismissals and summary affirmance.

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Opinions

Opinions & Orders – October 19, 2023

This morning, the Federal Circuit released one precedential opinion, four nonprecedential opinions, and three nonprecedential orders. The precedential opinion reverses a judgement of the Patent Trial and Appeal Board based on an erroneous claim construction. The first nonprecedential opinion addresses an appeal from a judgment in a takings case; the second resolves an appeal from a judgment of a district court, which construed certain claims in a means-plus-function format and held those claims as indefinite under that construction; the third addresses subject matter jurisdiction; the fourth comes in a pro se case. One of the orders denies a petition to transfer a case; the other two orders are dismissals. Here are the introductions to the opinions, selected text from the order denying the petition, and links to the dismissals.

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En Banc Activity

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit. Highlights include two denials of petitions for rehearing en banc in patent cases. 

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En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include the filing of an opening en banc brief in an en banc case reconsidering the longstanding test governing design patent obviousness and the denial of a petition raising questions related to obviousness.

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En Banc Activity

Recent En Banc Activity

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.

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Opinions

Opinions & Orders – July 5, 2023

This morning, the Federal Circuit released a precedential opinion in a patent case. In it, the court reversed a district court’s dismissal of a claim based on claim preclusion. Here is the introduction to the opinion.

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Opinions

Opinions & Orders – January 6, 2021

This morning, the Federal Circuit issued a precedential opinion in a patent case, a nonprecedential opinion in a patent case, a nonprecedential opinion in a case appealed from the Merit Systems Protection Board, and a nonprecedential opinion in a veterans case. The Federal Circuit also issued two Rule 36 judgments. Here are the introductions to the opinions and links to the Rule 36 judgments.

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