FedCircuitBlog

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 heard arguments this week in Arellano v. McDonough, a veterans case. With respect to petitions, two new petitions were filed with the Court in a patent case and a pro se case; the government waived its right to respond to a petition filed in a pro se case; the Court invited the Solicitor General to file briefs expressing the views of the United States in two patent cases related to so-called skinny labelling and eligibility, respectively; a supplemental brief was filed in a patent case raising questions related to patent law’s enablement requirement; a reply brief was submitted in a veterans case addressing the standard of proof governing rejection of disability claims; and, finally, the Court denied more than 20 petitions. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit. The court received an amicus brief supporting rehearing in a case raising questions related to patent eligibility. The court also denied two petitions, one raising questions related to claim construction and another filed by a pro se party. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Next week the court will hear oral argument in one of the two pending en banc cases. As for petitions for en banc review, the court received a new petition filed by a pro se party, and the court denied two petitions raising questions related to the critical date of prior art and the written description requirement, respectively. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received a new petition raising questions related to claim construction. That’s it. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received a new petition raising questions related to the critical date of prior art. The court also received a response to a petition raising questions related to the written description requirement. Finally, the court denied a petition in a case raising questions related to obviousness-based inherency of claim limitations. Here are the details.

This morning the Federal Circuit released a precedential opinion in a trade case appealed from the Court of International Trade. The Federal Circuit also released two nonprecedential opinions. The first comes in a government contract case appealed from the Civilian Board of Contract Appeals; the second comes in a patent case appealed from the Eastern District of Texas. Here are the introductions to the opinions.

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

• an article discussing how, ”[i]f cert is granted, this [patent] case will ask the nation’s highest court to clarify the written description requirement under 35 U.S.C. § 112”;
• another article highlighting how the Federal Circuit recently ruled that inventions were unpatentable “[b]ecause the ‘patents are directed to a natural law together with conventional steps to detect or quantify the manifestation of that law’”; and
• a third article addressing how “[t]he Federal Circuit upheld a lower court’s decision backing a jury’s noninfringement finding in a patent suit against Amazon over diaper-monitoring technology.”

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

• an article discussing the Federal Circuit’s “‘most restrictive patent eligibility decision yet’”;
• another article examining “the most notable trademark decisions so far this year”; and
• a third article addressing how the Federal Circuit recently found that “substantial evidence supported [a] district court’s finding of anticipation” in a patent case.

This morning the Federal Circuit released three nonprecedential opinions in a patent and two veterans cases. Late yesterday and today the court also released three nonprecedential orders; two transfer appeals and one dismisses an appeal. Here are the introductions to the opinions and text from the orders.

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

• an article discussing the top patent cases to watch in the second half of 2022;
• another article highlighting how a petition for a writ of certiorari claimed that a Federal Circuit decision “would upend the legal rules governing the modern prescription-drug marketplace”; and
• a third article urging that the question of whether artificial intelligence can be an inventor under patent law “is one for Congress, not the courts, to address.”