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 reporting how the Federal Circuit concluded that the Patent Trial and Appeal Board “did not improperly place the burden of persuasion for proving unpatentability of proposed substitute claims . . . on [the patent owner].”
  • another article highlighting an upcoming Federal Circuit argument concerning constitutional standing; and
  • a blog post discussing “the scope of ‘comparison prior art’ available for the ordinary observer infringement analysis” in design patent cases.
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Opinions

Opinions & Orders – September 1, 2022

This morning the Federal Circuit released a nonprecedential opinion in a patent case appealed from the Patent Trial and Appeal Board. In the opinion, the court explains that it affirms both the Board’s finding that a substitute claim is unpatentable as obvious and the Board’s denial of a motion to amend. Here is the introduction to the opinion.

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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 a “bill introduced Tuesday by Sen. Thom Tillis, R-N.C., aimed at setting more precise rules on which inventions are eligible for patents”;
  • another article explaining how the bill “clearly is intended to overrule” the Supreme Court’s recent cases addressing patent eligibility;
  • a blog post addressing how “the PTO [will] be revisiting the test for patent subject matter eligibility”; and
  • an article discussing a case before the Federal Circuit that involves “a shoemaking process with major implications for both the industry and patent law.”
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Featured / Symposia

Online Symposium: Prof. Osenga’s Top 2020 Federal Circuit Patent Decisions

Guest Post by Kristen Osenga

In any given year, the Federal Circuit covers a wide spectrum of issues in patent law, and 2020 was no different. Of course, a lot about 2020 was different — including seeing the Court hold (and now livestream) telephonic arguments — but most of the patent cases decided were similar in type to other years . . . a little patent-eligible subject matter, a little jurisdiction and venue, a case about infringement of standard essential patents, and a bit of deciding what the Patent Trial and Appeal Board can and cannot do. There were no real blockbuster cases in 2020 (other than maybe the Arthrex denial of rehearing, more on that later). This could be due to the pandemic, or maybe it is a sign that patent law is settling in for a bit. Of course, that does not mean the law has settled in the right place, but that is a different issue for a different day.

For today, a few cases are worth highlighting from the Federal Circuit’s 2020 patent opinions. To be clear, this is not an exhaustive review, but rather simply a short selection noting some of the more important patent cases decided last year.

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Petitions / Supreme Court Activity

Recent Supreme Court Activity

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit.

Here are the details.

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Petitions / Supreme Court Activity

Recent Supreme Court Activity

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit.

Here are the details.

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Supreme Court Activity

Recent Supreme Court Activity

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit.

The Supreme Court received petitions for writ of certiorari in (1) Frederick Demond Wilson v. United States, (2) David O. Keel, v. Robert Wilkie, Secretary of Veterans Affairs, (3) Chris Jaye v. United States, (4) B/E Aerospace, Inc. v. C&D Zodiac, Inc., and (5) adidas AG v. Nike, Inc.

Several amicus briefs were filed in United States v. Arthrex, Inc.

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News

Recent News on the Federal Circuit

Here’s the latest.

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Opinions

Opinions & Orders – June 25, 2020

This morning the Federal Circuit issued two precedential opinions in patent cases. Here are the introductions to the opinions.

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News

Recent News on the Federal Circuit

Here’s the latest.

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