FedCircuitBlog

Here is an update on recent en banc activity at the Federal Circuit. Telephonic oral argument was scheduled in the veterans case pending before the en banc court. As for petitions in patent cases, highlights include two new petitions raising questions related to transfer of venue and eligible subject matter; a new invitation to respond to a petition raising a question related to venue in the context of Hatch-Waxman; and three amicus briefs filed in support of a petitioner in a pro se case. Here are the details.

This morning the Federal Circuit issued one nonprecedential opinion affirming the Patent Trial and Appeal Board’s denial of a motion to dismiss, which the Board of Regents of the University of Texas System filed on the ground of sovereign immunity in an inter partes review proceeding. The court also issued six Rule 36 summary affirmances. Here is the text of the opinion and a list of the Rule 36 judgments.

• Federal Circuit Judge Newman Calls for Overhaul of Patent Law – Judge Newman advocated for patent law reform at an intellectual property conference on Friday.
• Federal Circuit Will Not Second-Guess IPR Institution Denials – The Federal Circuit confirmed its stance on refusing to review denials of inter partes review through a number of orders this week.
• Federal Circuit Grants Apple Petition for Writ of Mandamus to Transfer Uniloc Suit – Uniloc’s case against Apple will continue in California after the Federal Circuit issued a writ of mandamus directing the Western District of Texas to transfer the case.

Here’s the latest.

This morning, the Federal Circuit issued a precedential opinion in a patent case and a precedential opinion in a case appealed from the Merit Systems Protection Board. The court also issued a precedential order issuing a writ of mandamus that directs the Western District of Texas to transfer a patent infringement suit to the Northern District of California. Additionally, the Federal Circuit issued two Rule 36 judgments. Here are the introductions to the opinions, text from the order, and links to the Rule 36 judgments.

This morning, the Federal Circuit issued one precedential opinion in a patent case and three nonprecedential opinions in veterans cases. The court also issued two Rule 36 judgments. Here are the introductions to the opinions and links to the Rule 36 judgments.

This morning the Federal Circuit issued two nonprecedential opinions: one in a patent case and one in a government contract case. The Federal Circuit also issued two separate nonprecedential orders denying petitions for writs of mandamus. Finally, the Federal Circuit issued one Rule 36 judgment. Here are the introductions to the opinions, text from the orders, and a link to the Rule 36 judgment.

• Three Damages Questions for the Supreme Court – Cochlear Corp. petitioned the Supreme Court to review the Federal Circuit’s damages decision and recently received an amicus brief in support.
• Threshold Issues, Misdirected Lawyering, and a Frustrated Federal Circuit – Earlier this October, the Federal Circuit remanded AntennaSys, Inc., v. AQYR Technologies, Inc. to resolve the claim construction issues left undecided by the lower court and expressing their disdain towards unhelpful arguments from both parties.
• Apple Hit With $503M Verdict In VirnetX Patent Retrial – After the Federal Circuit vacated the damages award, on remand, the lower court jury awarded similar damages against Apple.

Here’s the latest.

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.

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.

This post summarizes recent activity at the Supreme Court in cases decided by the Federal Circuit.

• The Court received three new petitions this week: (1) Mantissa Corp. v. Ondot Systems, Inc., (2) Rovi Guides, Inc. v. Comcast Cable Communications, LLC, and (3) IYM Technologies LLC v. RPX Corp.
• Three briefs in opposition to petitions were filed with the Court, the first by Actavis in HZNP Finance Ltd. v. Actavis Laboratories UT, Inc., the second by CBS in Personal Audio, LLC v. CBS Corp., and the third by Biomarin in Duke University v. Biomarin Pharmaceutical Inc.
• Lastly, the Supreme Court denied a total of 19 different petitions this week.

Here are the details.