FedCircuitBlog

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

• an article highlighting how, according to recent statistics, “[p]atent owners face a tougher road on appeal than accused defendants and patent challengers”;
• another article addressing how “Coca-Cola Co. saw its trademark tribunal win tossed by a Federal Circuit panel”; and
• a blog post discussing “[l]essons from [the] rejection of Apple’s cert petition against Qualcomm” in Apple Inc. v. Qualcomm Inc.

This week we are previewing oral arguments in two cases that attracted amicus briefs. Today we highlight Personalized Media Communications, LLC v. Apple, Inc. On appeal, Personalized Media Communications challenges a district court’s decision to overturn a jury verdict based on the equitable doctrine of prosecution latches. Personalized Media argues the district court committed legal error and abused its discretion in ruling that Personalized Media engaged in an “egregious misuse” of the patent system. This is our argument preview.

This week is Court Week at the Federal Circuit, with hearings starting today. The Federal Circuit is providing access to live audio of each panel scheduled for argument via the Federal Circuit’s YouTube channel. In total, the court will convene six panels to consider about 36 cases. Of these 36 cases, the court will hear oral arguments in 24. Of these argued cases, two attracted amicus briefs: one veterans case and one patent case. Here’s what you need to know about these two cases.

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 two opinions, one in patent case and one in a takings case; one new trade case; three oral argument recaps, two in to patent cases and one in a takings case; and two upcoming oral arguments. 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 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 en banc activity at the Federal Circuit. The court sua sponte granted en banc consideration in a case appealed from the Court of Federal Claims. In another pending en banc veterans case, the veteran filed his en banc response brief, and the Federal Circuit scheduled the case for oral argument in October. The court also received a new petition raising questions related to the court’s grant of a petition for a writ of mandamus to order transfer of a patent case from the Western District of Texas to the Northern District of California. 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 highlighting how the Supreme Court yesterday denied Apple’s petition for writ of certiorari in Apple Inc. v. Qualcomm Inc.;
• another article discussing how “two cases signal that the Federal Circuit and district courts are moving toward explicitly recognizing that parties to a mandatory arbitration clause can bargain away the right to file for inter partes review at the Patent Trial and Appeal Board”; and
• a blog post addressing how a flip in a recent Federal Circuit decision “appears to be the consequence of a change in panel composition.”

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court denied two petitions for rehearing raising questions related to the Appointments Clause and the scope of usable prior art in inter partes review. The court also granted panel rehearing but denied as moot rehearing en banc in response to a petition raising questions related to claim construction and the written description requirement. 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 discussing how the Federal Circuit affirmed a decision that “an Italian company can’t register a ‘Parma Coffee’ trademark because it primarily refers to a product’s point of origin”;
• another article addressing how Apple called the Solicitor General’s brief a “‘regrettable disregard’ of high court precedent” in Apple Inc. v. Qualcomm Inc.; and
• a third article explaining how the Federal Circuit decided a “Delaware federal judge misconstrued part of UMass’ skin-cream patents when it found them invalid last year.”

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.