News

Recent News on the Federal Circuit

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 Federal Circuit determined that an “Apple Inc lawsuit . . . over Wi-Fi messaging can move forward in California”;
  • another article detailing how “the CAFC concluded that the district court’s constructions incorrectly limited claim scope to a preferred embodiment and rendered certain dependent claims superfluous”; and
  • yet another article explaining how, in Intel Corp v XMTT, Inc., “Intel was dealt a loss in its challenge of a computer memory patent when the Federal Circuit on Tuesday refused to consider the tech company’s arguments that the court said were ‘clearly inconsistent’ with what it presented to the Patent Trial and Appeal Board.”
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Update on Important Panel Activity

Here is this month’s update on activity in cases pending before panels of the Federal Circuit where the cases involve at least one amicus brief. We keep track of these cases in the “Other Cases” section of our blog. Today, with respect to these cases we highlight a disposition in a veterans case, two new patent cases that attracted amicus briefs, and a reply brief in a patent case. Here are the details.

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News

Recent News on the Federal Circuit

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 Federal Circuit recently affirmed a judgment of the Eastern District of Texas, which dismissed a complaint based on ineligibility of the asserted patent claims;
  • another article detailing how the Federal Circuit released a corrected decision that provides clarity on the question of estoppel based on inter partes review; and
  • a third article assessing how “[e]x parte reexaminations have re-emerged as an increasingly important component of patent litigation and licensing negotiations.”
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Panel Activity

Update On Important Panel Activity

Here is this month’s update on activity in cases pending before panels of the Federal Circuit where the cases involve at least one amicus brief. We keep track of these cases in the “Other Cases” section of our blog. Today, with respect to these cases we highlight three opinions: the first in an Equal Access to Justice Act case, the second granting petitions seeking writs of mandamus challenging orders of the Western District of Texas regarding transfer motions, and the third in a trademark case. We also highlight a response brief filed in a patent case. Here are the details.

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Supreme Court Activity

Recent Supreme Court Activity

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to the Supreme Court’s October 2021 term, the Court granted certiorari in a patent case, but notably it did so only to vacate the Federal Circuit’s judgment and remand the case for further consideration of an alleged Appointments Clause violation. Other than that, since our last post one reply in support of a petition has been filed in a veterans case and a waiver of right to respond has been filed in a patent case. Additionally, the Court denied two petitions in cases involving takings claims. Here are the details.

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En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received two new petitions raising questions related to assignments of patents and the non-obviousness requirement. The court also invited responses to petitions in two cases concerning the standard of review of Patent Trial and Appeal Board decisions and assignments of patents. Lastly, the court denied a petition for rehearing en banc in a case raising questions related to Appointments Clause challenges with respect to Administrative Patent Judges of the Patent Trial and Appeal Board. Here are the details.

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En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received three new petitions raising questions related to tolling for post-trial motions, the Federal Circuit’s reversal of a judgment in an inter partes review proceeding based on a teaching away finding, and a denial of a petition for a writ of mandamus seeking to order transfer. The court also invited a response to a petition concerning deference to the Patent Trial and Appeal Board. Lastly, the court denied petitions in two cases relating to transfer and the standard for review for petitions for writs of mandamus and a third case relating to patent eligibility. Here are the details.

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En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court invited a response to a petition concerning patent eligibility. Additionally, the court denied a petition concerning means-plus-function claim limitations. Lastly, the court granted a motion to withdraw a petition concerning the extent of estoppel in claim construction. Here are the details.

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Opinions

Opinions & Orders – August 2, 2021

This morning the Federal Circuit issued a precedential opinion in a patent infringement case, affirming a denial of a motion to dismiss for lack of standing over a dissent by Judge Newman. The court also issued a nonprecedential order granting a petition for a writ of mandamus directing the Western District of Texas to transfer a case to the Central District of California. Here are the introductions to the opinion and order.

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En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received three new petitions this week raising issues concerning the scope of appellate review, patent eligibility, and the extent of estoppel with respect to claim constructions. Additionally, the court invited responses in two cases addressing the court’s jurisdiction and the case addressing the extent of estoppel in claim constructions. Lastly, the court denied petitions in three cases raising questions related to patent eligibility, inventorship, and the evaluation of expert opinions. Here are the details.

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