FedCircuitBlog

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 The Federal Circuit also released two nonprecedential opinions.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This morning the Federal Circuit released three nonprecedential opinions in a patent and two veterans cases. Late yesterday and today the court also released three nonprecedential orders; two transfer appeals and one dismisses an appeal.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.”

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 petition cases, six waivers of right to respond were submitted; two briefs in opposition were filed, one in an Equal Access to Justice Act case and one in a patent case; and the Court denied certiorari in three cases, two in patent cases and one in an employment case. Here are the details.

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. With respect to petition cases, three new petitions were filed with the Court; a reply brief was filed in a case raising questions related to patent eligibility; and four supplemental briefs were submitted in three patent cases. Here are the details.

This morning the Federal Circuit issued a nonprecedential opinion in an employment case appealed from the Merit Systems Protection Board. The opinion addresses issues related to the jurisdiction of the MSPB. The court also issued four Rule 36 judgments. Here is the introduction to the opinion and links to the Rule 36 judgments.  

VirnetX Attacks Apple’s PTAB Win At Fed. Circ. – Andrew Karpan reported for Law360 on VirnetX’s attempt to overturn a Patent Trial and Appeal Board ruling that if affirmed would undermine its $576 million patent infringement judgment against Apple.

Marathon, Others Defend Patent Case Fee Award at Federal Circuit – In her article on Bloomberg.com, Perry Cooper discusses a three judge panel of the Federal Circuit who “listened to arguments about a $5 million attorneys’ fee award in a fracking patent case.”

Last Week in the Federal Circuit (June 1-4): Prosecution Disclaimer – What’s Good for the Goose… – In this post on FederalCircuitry, Rachel Rice picked opinions released by the Federal Circuit that have “piqued [her] interest” to discuss.