FedCircuitBlog

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. 

This morning the Federal Circuit released two precedential opinions. The first opinion comes in a patent case appealed from the Patent Trial and Appeal Board. In this opinion, the Federal Circuit vacates the Board’s affirmance of an examiner’s final rejection of claims. The second opinion comes in a veterans case appealed from the Court of Appeals for Veterans Affairs. In this opinion, the Federal Circuit affirms the denial of entitlement to service connection for a psychiatric disorder. The Federal Circuit also released six nonprecedential opinions. One denies a petition for a writ of mandamus to transfer a patent case from the Western District of Texas to the Northern District of California; one grants a petition for a writ of mandamus to undo an order by the Eastern District of Texas transferring two cases to the Central District of California; and four dismiss appeals. Here are the introductions to the opinions, text from the orders, and links to the dismissals.

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, two new petitions were filed in a trade case and a patent case, and one petition was denied in a pro se case. Here are the details. 

This morning the Federal Circuit released a precedential opinion in a patent case appealed from the Central District of California. In it, the Federal Circuit affirms the district court’s claim construction, dismissal of a claim, and grant of summary judgment that trade dress is invalid, vacates a denial of summary judgment on an inequitable conduct defense, reverses a grant of summary judgment of invalidity, and remands the case. Late yesterday, the Federal Circuit also released two nonprecedential orders dismissing appeals. Here is the introduction to the opinion and links to the dismissals.

This morning the Federal Circuit released a precedential en banc opinion in a veterans case appealed from the Court of Appeals for Veterans Claims. In the court’s majority opinion, the Federal Circuit reversed, holding that a statute limiting educational assistance applies to veterans with multiple periods of service. Notably, both Judge Newman and Judge Reyna filed separate dissenting opinions. The Federal Circuit also released five nonprecedential opinions today. One comes in a case appealed from the Court of Federal Claims; one comes in a veterans case appealed from the Court of Appeals for Veterans Claims; and three come in patent cases appealed from the Patent Trial and Appeal Board. Finally, the court released three nonprecedential orders. Two dismiss appeals, and one grants motions to sever claims and transfer remaining claims to the District of Colorado. Here are the introductions to the opinions, text from the order granting the motions, and links to the dismissals.

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.