FedCircuitBlog

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

• an article interviewing several intellectual property attorneys about the Solicitor General’s brief in in American Axle & Manufacturing, Inc. v. Neapco Holdings LLC;
• another article analyzing how the “Federal Circuit’s opinion and a potential Supreme Court affirmance may have far-reaching implications” in a pending case raising questions about patent law’s enablement requirement; and
• a third article discussing how the Federal Circuit recent found that a whiskey bearing a defunct investment firm’s name is likely to confuse customers.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to cases with pending petitions, one new petition was filed by a pro se petitioner; the government filed a waiver of right to respond in another case submitted by a pro se petitioner; and another pro se petitioner submitted his reply brief. Finally, the government submitted the views of the United States in two patent cases: one raising questions about eligibility and another raising a question about standing. 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 explaining how the Supreme Court is the “only entity that appears positioned to provide . . . clarity” on patent eligibility;
• another article discussing how the Federal Circuit affirmed the review power of the temporary head of the Patent and Trademark Office, “sparing the agency from potentially devastating consequences”; and
• a third article addressing how the Federal Circuit reaffirmed that a patentee has “the burden to offer opposing evidence against the petitioner’s claim” in Patent Trial and Appeal Board proceedings.

This week–one year and three weeks after the Supreme Court’s order inviting the Solicitor General to express the views of the United States–the Solicitor General finally filed its amicus brief in American Axle & Manufacturing, Inc. v. Neapco Holdings LLC. In this case, the petitioner long ago requested the Supreme Court grant review to reconsider the appropriate standard for determining patent eligibility and to determine whether eligibility is a question of law or fact. This week the Solicitor General recommended the Court grant review to reconsider the first question presented, addressing the appropriate standard for determining eligibility. Here is an update on the case, including a review of the background of the case, a summary of the government’s brief, and a brief discussion of what comes next.

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 the government advised the Supreme Court that a pending patent case is a “‘suitable vehicle for providing greater clarity’ on when an invention can be patented”;
• another article addressing the Federal Circuit’s “focus on using mandamus to compel transfer of cases”; and
• a third article explaining how the “Federal Circuit’s newest judge continues to hear Delaware cases” after his promotion.

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, “[o]nce thought to be a toss-up, the Federal Circuit is now ruling for appellees nearly twice as often as appellants”;
• another article addressing how a recent Federal Circuit decision “shows [a] less rigid analysis” of corroboration of inventorship; and
• a third article highlighting several pending Supreme Court petitions in patent cases, including more than one that “raise important questions on Section 101 patent eligibility jurisprudence.”

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

• an article analyzing Judge Stark’s 2018 ruling as a district judge in an important patent eligibility case and how it might portend his analysis of patent eligibility as a judge on the Federal Circuit; and
• a blog post and an article discussing how the Federal Circuit recently addressed estoppel as a result of inter partes review.

American Axle is the Supreme Court’s Chance to Give Patent Eligibility a Tune-Up – On IPWatchDog.com, Dominic Frisina posts on the Supreme Court’s pending decision whether to review a Federal Circuit decision from 2020 related to patent eligibility.

Albright’s Delay in Patent Suit Not ‘Egregious,’ Fed. Cir. Says – Perry Cooper reports on how Freelancer failed to convince the Federal Circuit to order Judge Albright to act on its motion to dismiss in a patent case.

Patent Underlying Walker Process Claims is Not Enough to Give Rise to Federal Circuit Jurisdiction – Caitlin O’Connell and Elizabeth Ferrill write about the Federal Circuit’s decision to transfer a recent case to the United States Court of Appeals for the Fifth Circuit due to lack of jurisdiction. 

Fed. Circ. Won’t Allow ‘Focus Vision’ TM, Citing ‘Focus’ Marks – In an article on Law360.com, Tiffany Hu focuses on the Federal Circuit’s decision on Monday to uphold a Trademark and Appeal Board’s decision in a trademark case.

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

• The Court received three new petitions for writ of certiorari.
• Three new response briefs were filed with the Court in the following cases: Merit Medical Systems, Inc. v. Khan, Maine Community Health Options v. United States, and Sandoz Inc. v. Immunex Corp.
• Two new response briefs were filed with the Court in American Axle & Manufacturing, Inc. v. Neapco Holdings LLC and Khan v. Merit Medical Systems Inc.
• The Court received one new waiver of right to respond from the Secretary of Veterans Affairs in Blanton v. Secretary of Veterans Affairs.

Here are the details.

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

• The Supreme Court rendered its decision in Google LLC v. Oracle America, Inc., the long-running software copyright case.
• Three amicus briefs were filed in Minerva Surgical, Inc. v. Hologic, Inc., a case that has been granted certiorari.
• The Court received three new petitions for writ of certiorari.
• One new brief in opposition was filed with the Court in response to the petition in American Axle & Manufacturing, Inc. v. Neapco Holdings LLC.
• One new reply brief was filed with the Court in Ericsson Inc. v. TCL Communication Technology Holdings Limited.
• One new amicus brief was filed with the Court in Common Ground Healthcare Cooperative v. United States by Anthem, Inc., Blue Cross of Idaho Health Service, Inc., Highmark Inc., L.A. Care Health Plan, and Molina Healthcare of California, Inc.
• Lastly, the Court denied the petitions in three cases.

Here are the details.