FedCircuitBlog

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today we highlight:

• a piece outlining factors “behind the Patent Office head’s recent refusal to have the agency institute certain proceedings”;
• an article discussing two recent decisions that “show how parties can navigate the draconian effect of an exclusion order by pursuing the simultaneous paths of a Federal Circuit appeal and ancillary proceedings” at the International Trade Commission and before U.S. Customs & Border Protection “to adjudicate a design-around”;
• a blog post highlighting how a recent filing “shines a spotlight on a structural vulnerability in how post-grant review is functioning in practice”; and
• an article examining “the Federal Circuit’s evolving view of two key trade secrets issues: (1) whether information was readily ascertainable and therefore not a trade secret; and (2) how and when plaintiffs must sufficiently define their trade secrets.”

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. In the only pending case, a patent case addressing inducement of infringement and so-called skinny-labeling, seven amicus briefs were filed supporting the respondent. As for pending petitions, since our last update, five new petitions were filed in a patent case, another patent case addressing sanctions, a veterans disability benefits case, a government contracts case, and a pro se case; three waivers of the right to respond to petitions were filed in a patent case and two pro se cases; a reply brief was filed in trademark case; two amicus briefs were filed in a patent case and Trade Act case; and the Supreme Court denied petitions in a patent case and two pro se cases. Here are the details.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. In the only pending case, a patent case addressing inducement of infringement and so-called skinny-labeling, the respondent’s merits brief was filed. As for pending petitions, since our last update, two new petitions were filed in a patent case and a pro se case; a waiver of the right to respond to a petition was filed in another pro se case; and the Supreme Court denied petitions in a case addressing sanctions and two pro se cases. Here are the details.

Here is an update on activity in cases pending before panels of the Federal Circuit where the cases have attracted 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 seven recent opinions, one recent order, and two newly-identified cases. Here are the details.

This morning, the Federal Circuit released one precedential opinion and three nonprecedential orders. The opinion comes in an appeal of a decision of the International Trade Commission in a patent case. One of the three orders transfers an appeal; another grants a motion for an extension of time to file response; and the third denies a petition for a writ of mandamus seeking to order the Patent and Trademark Office to vacate a decision not to institute an inter partes review proceeding. Here are the introductions to the opinion and orders.

This morning, the Federal Circuit released two nonprecedential opinions and one nonprecedential order dismissing an appeal. One of the opinions comes in an appeal of a decision of the Court of Federal Claims; the other comes in a pro se appeal of a decision of the Merit Systems Protection Board. Here are the introductions to the opinions and a link to the dismissal.

This morning, the Federal Circuit released three precedential opinions, one nonprecedential opinion, two Rule 36 judgments, and two nonprecedential orders dismissing appeals. All three precedential opinions come in patent cases: one reviews an order holding asserted claims indefinite; another addresses the eligibility of asserted claims; and a third reviews a finding of a firm’s conflict of interest. The nonprecedential opinion comes in a pro se appeal of a decision of the Merit Systems Protection Board. Here are the introductions to the opinions and links to the judgments and dismissals.

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today we highlight:

• a blog post suggesting the “Federal Circuit has become, in the space of two years, one of the most consensus-oriented appellate courts in the federal system”;
• a blog post arguing a recent Federal Circuit decision seemed to deal with a “narrow administrative law issue,” but the “effect of the decision is far broader”;
• an article discussing how USPTO Director John Squires “issued numerous orders . . . holding that patent challenges should not move forward” because the challengers took “inconsistent claim construction positions” in court and at the Patent Trial and Appeal Board; and
• an article reporting how “more than 100 companies filed new lawsuits” since the Supreme Court “declared most of President Donald Trump’s global tariffs illegal.”

This morning, the Federal Circuit released one precedential opinion, one nonprecedential opinion, and one nonprecedential order. The precedential opinion comes in a patent case and vacates a summary judgment of inequitable conduct and a summary judgment of no Walker Process fraud. The nonprecedential opinion comes in another patent case and affirms a summary judgement of patent ineligibility. The order dismisses an appeal. Here are the introductions to the opinions and a link to the dismissal.

This morning, the Federal Circuit released one nonprecedential opinion and two errata. The opinion comes in an appeal of judgment of patent invalidity and a dismissal of breach-of-contract claims. It discusses when a claim’s preamble should be construed as limiting and addresses indefiniteness regarding spatial terms. Here is the introduction to the opinion and links to the errata.