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 dispositions in patent cases addressing estoppel related to inter partes review, anticipation, and induced infringement; new briefing in another patent case related to standing; one recent oral argument in a patent case addressing personal jurisdiction; and four upcoming oral arguments in veterans and government contracts cases.

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En Banc Activity

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit. The en banc court heard oral argument in a veterans case last week. As for petitions for en banc consideration in patent cases, a new petition was filed in a case raising questions related to literal infringement and claim construction; the court invited a response to a petition raising a question related to sanctions; and the court denied two petitions, one in a pro se case and one raising a question related to non-obviousness. Here are the details.

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News

Recent News on the Federal Circuit

Here’s the latest.

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Opinions

Opinions & Orders – September 25, 2020

This morning, the Federal Circuit issued a precedential opinion in a patent case and a nonprecedential opinion in a case concerning false advertising and the Lanham Act. Here are the introductions to the opinions.

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En Banc Activity

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit. In one of the two pending en banc cases addressing veterans law, the court requested the parties file supplemental briefs to address concerns with Article III standing. Other updates include new petitions raising questions related to patent marking, expert testimony, willful infringement, and sanctions; a new invitation to respond to a petition raising a question related to remedies; a new amicus brief in a case raising a question related to double-patenting; and the denial of two petitions raising questions related to patent eligibility and claim construction. Here are the details.

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News

Recent News on the Federal Circuit

Here’s the latest.

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En Banc Activity

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit. In one of the two cases in which the court has granted en banc hearings, the National Organization of Veterans Advocates filed a reply brief. In cases with pending petitions for en banc consideration, highlights include responses to two petitions raising issues related to patent eligibility and inventorship, and a voluntary withdrawal of a petition related to venue.

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News

Recent News on the Federal Circuit

  • Iancu Says Congress May Be Up For Patent Eligibility Reform – In an effort to enhance clarity and guidance for innovators, U.S. Patent and Trademark Office Director Andrei Iancu suggests that Congressional reform of Section 101 of the Patent Act may be the key to providing a more predictable and consistent analytical framework for determining what is patentable and what is not.
  • Chanel Adds Camellia Drawing to its Arsenal of Trademarks – This past July, the U.S. Patent and Trademark Office granted trademark registration for Chanel’s five-petaled camellia drawing used in connection with the luxury brand’s products and packaging.
  • Apple, Cisco, Google, Intel Sue PTO Over Its America Invents Act Policies – On Monday, Apple Inc., Cisco Systems Inc., and Intel Corp. sued PTO Director Andrei Iancu in the Northern District of California. Using a two-pronged litigation strategy, technology industry giants assert that the current USPTO policies deprive the tech industry of its access to the America Invents Act.

Here’s the latest.

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Opinions

Opinions & Orders – September 3, 2020

This morning the Federal Circuit issued two precedential opinions in a government contracts case and an international trade case. The court also issued four nonprecedential opinions: one dismissing a case for lack of jurisdiction and three in patent cases. Additionally, the court issued two Rule 36 judgments. Here are the introductions to the opinions and a list of the Rule 36 judgments.

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News

Recent News on the Federal Circuit

Here’s the latest.

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