FedCircuitBlog

This morning the Federal Circuit released three precedential opinions, one nonprecedential order, and a Rule 36 judgment. In the first opinion, the Federal Circuit affirmed in part, reversed in part, and remanded to the Northern District of California a case where Apple and other companies are challenging the U.S. Patent and Trademark Office’s so-called Fintiv factors and, in particular, in the decision whether to institute inter partes review proceedings the role of the pendency of district-court infringement litigation involving the same patents. In the second opinion, the court vacated and remanded a judgment in a patent case on appeal from the District of Delaware. In the third opinion, the Federal Circuit reversed and remanded a judgment in a case appealed from the Patent Trial and Appeal Board. Finally, the nonprecedential order dismisses an appeal. Here are the introductions to the opinions and links to the order and Rule 36 judgment.

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 Supreme Court “declin[ing] to consider an . . . argument that a ‘dangerous’ precedent will give big tech defendants a license to build inaccurate models of technology that can be used to wipe out patents asserted against them”;
• another article about a case involving the overturning of “a $308.5 million patent verdict against Apple”; and
• a third article explaining that “[a] potential import ban on the Apple Watch is still on the table.”

This morning and late yesterday the Federal Circuit released one precedential opinion, two nonprecedential opinions, and three orders dismissing appeals. In the precedential opinion, the court affirmed a judgment of the Merit Systems Protection Board. In the first nonprecedential opinion, the court affirmed a judgment in a patent case appealed from Southern District of Texas that was dismissed for failure to state a claim. In the second nonprecedential opinion, the Federal Circuit affirmed a judgment in a patent case appealed from the Patent and Trademark Office. Here are the introductions to the opinions and link to the dismissals.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. The Court recently granted the motion of the Solicitor General leave to participate in oral argument as amicus curiae in Amgen Inc. v. Sanofi, Aventisub LLC, the pending patent case addressing the enablement patentability requirement. With respect to petitions, two new petitions were filed with the Court, one in a pro se case and another in a Merit Systems Protection Board case; the government filed its brief in opposition in a trade case; one amicus brief was filed in a trademark case and three amicus briefs were filed in a patent case (including, interestingly, an amicus brief on behalf of retired federal appellate judges); and the Court denied six petitions in various patent, veterans, and pro se cases. Here are the details. 

Here is an update on recent en banc activity at the Federal Circuit. The en banc court issued a long-awaited opinion last week in an employment case addressing the question of whether on-the-job exposure to the recent novel coronavirus entitled federal correctional officers to additional pay pursuant to various federal statutes. As for petitions in patent cases, the court received a new petition raising a question related to claim construction and denied a petition in a case raising a question related to the terms of a protective order. Here are the details.

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:

• an article about a Federal Circuit decision finding “[a] Texas federal court ‘clearly abused its discretion’ when declining to transfer a patent-infringement lawsuit against Google LLC”;
• another article about the Federal Circuit “vacat[ing] what it called an ‘extraordinarily high’ legal-fee award of $185 million”; and
• a third article about how a “Virginia federal judge issued a bench trial ruling Monday that ImmunoGen is not entitled to a patent on a cancer treatment . . . after the Federal Circuit vacated the court’s previous decision and ordered a trial.”

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:

• an article about how a “Federal Circuit panel . . . seemed wary that . . . large companies used a roundabout way to challenge the U.S. Patent and Trademark Office’s Fintiv policy”;
• a blog post about a Federal Circuit decision finding that two patents “for remote education and training systems is patent ineligible”; and
• another article about the Federal Circuit upholding a lower court’s decision related to Amazon.com Inc.’s virtual assistant Alexa.

This morning the Federal Circuit released a nonprecedential opinion in a patent case appealed from the Patent Trial and Appeal Board. The Federal Circuit also released five Rule 36 judgments. Here is the introduction to the opinion and links to the Rule 36 judgments.

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:

• an article about “a bid by Apple Inc, Google Inc, Intel Corp and others to revive their challenge to a U.S. Patent and Trademark Office policy that made it harder to contest the validity of patents issued by the agency”;
• another article about the Federal Circuit’s skepticism about “allegations that [Facebook’s] news feed infringed on Usability Sciences’ 2014 patent”; and
• a blog post about the Federal Circuit denying a petition for a writ of mandamus filed by Amazon.com, Inc.

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, one new petition was filed in a patent case; a party waived its right to respond in another patent case; the government waived its right to respond in a pro se case; and the Court denied nine petitions. Here are the details.