FedCircuitBlog

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today we highlight:

• an article covering how the Patent and Trademark Office is “requiring all parties to appear in person for hearings before the Patent Trial and Appeal Board”;
• a piece discussing how “[t]he full Federal Circuit on Wednesday declined to reconsider its first-ever patent eligibility decision involving machine learning”;
• a blog post analyzing how a recent Federal Circuit decision “allowed the court to sidestep broader questions about when patent law issues arising in arbitration contexts warrant Federal Circuit review”; and
• an article suggesting a recent Federal Circuit decision “could make it easier for major brands to oppose trademark applications by market rivals.”

Late yesterday, the Federal Circuit released two nonprecedential orders dismissing appeals from the Merit Systems Protection Board. This morning, the court released one precedential opinion in a patent case, transferring it to the Court of Appeals for the Second Circuit. The Federal Circuit also released three nonprecedential opinions in decisions appealed from the MSPB, the Patent Trial and Appeal Board, and the Court of Appeals for Veterans Claims. Here are the introductions to the opinions and links to the dismissals.

Last week we provided a preview of the 27 petitions distributed for the Supreme Court’s October 1 conference in cases decided by the Federal Circuit. Here is a report on the order list the Supreme Court issued today as a result of its October 1 conference. In a nutshell, the Court denied or dismissed petitions for certiorari in 21 cases decided by the Federal Circuit, and left six other petitions pending.

This Tuesday the Supreme Court returns from its summer hiatus, holding its first conference of the 2019 Term. Here is a list of the petitions that have been distributed for Tuesday’s conference in cases decided by the Federal Circuit, organized by subject matter, along with some comments.