FedCircuitBlog

Earlier this week the Federal Circuit heard oral argument in Conversant Wireless Licensing v. Apple Inc., a case we have been following because it attracted amicus briefs. In this case, the court addressed a district court’s holding that Conversant’s ’151 patent is unenforceable because Nokia, the original patentee, made an untimely disclosure of the patent to the ETSI standards setting body. On appeal, Conversant argues that implied waiver of enforceability requires proof of but-for causation that Conversant inequitably benefited from the untimely disclosure. Judges Reyna and Bryson heard the oral argument, and a third unnamed judge will join the panel later for deliberation and final judgment. This is our argument recap.

Here is an update on recent en banc activity at the Federal Circuit. Highlights include modified opinions issued in two patent cases raising questions related to eligibility; new petitions filed in two cases raising questions related to obviousness; a new invitation to respond to a petition raising questions related to venue; and the denial of petitions in cases raising questions related to jurisdiction over an appeal from the Patent Trial and Appeal Board, restriction requirements, and patent term adjustments. Here are the details.

This week the Federal Circuit will convene six panels to consider about 37 cases. This month, like last month, the court will hear all of its oral arguments telephonically given the coronavirus pandemic. Moreover, the court will hear fewer oral arguments than normal, with only about 13 cases being argued this month. Of the argued cases, only one case attracted amicus briefs.

Only one case being argued next week at the Federal Circuit attracted any amicus briefs, Conversant Wireless Licensing v. Apple Inc. This case previously came to the Federal Circuit in 2018 when the court determined that Apple infringed a patent asserted by Conversant. The court, however, remanded the case to the district court to determine whether the patent was unenforceable. On remand, the district court found that the patent was unenforceable, and Conversant now appeals that judgment. This is our argument preview.

Here is an update on recent en banc activity at the Federal Circuit. In NOVA v. Secretary of Veterans Affairs, a veterans case in which the en banc court will consider the court’s jurisdiction to review interpretive rules the Department of Veterans Affairs promulgates in its Adjudication Procedures Manual, three new amicus briefs were filed. Other highlights include new petitions in two patent cases raising questions related to venue and claim preclusion; a new response to a petition in another patent case raising questions related to jurisdiction; an invitation to respond to a petition raising questions related to patent eligibility; and the denial of a petition raising questions related to obviousness. Here are the details.

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 five dispositions, two new cases, two cases with new briefing, and one upcoming oral argument. Here are the details.

• Federal Circuit Denies Uniloc’s Motion to Seal Documents – In Uniloc 2017 LLC v. Apple, Inc., the Federal Circuit affirmed the district court’s no-seal order, with the exception of third party licensees who were promised confidentiality.
• Toyota Fails to Revive Patent on Fingerprint-Reducing Coating – On Friday, the Federal Circuit agreed with PTAB’s conclusion that Toyota’s patent for reducing fingerprints on touchscreens was invalid for obviousness in Toyota Motor Corp. v. Reactive Surfaces Ltd.
• Federal Circuit’s Ruling Could Make it Easier to Prove Infringement of SEPs – In Godo Kaisha IP Bridge I v. TCL Commc’n Tech. Holdings Ltd., the Federal Circuit seemed unconvinced by TCL’s oral argument against the district court’s finding that TCL infringed two IP Bridge patents.

Here’s the latest.

This morning, the Federal Circuit issued one precedential opinion in a patent case and one nonprecedential opinion in a Merit Systems Protection Board case. The court also issued one nonprecedential Rule 36 judgment. Here are the introductions to the opinions and the Rule 36 judgment.

Here is an update on recent en banc activity at the Federal Circuit. Highlights include a response to a petition in a case raising questions related to standing; a new invitation for response to a petition in a case raising questions related to Jurisdiction over an appeal from the Patent Trial and Appeal Board; and the denial of a petition raising questions related to inequitable conduct and obviousness. Here are the details.

• Apple loses seven-year import duty legal fight – The Federal Circuit affirmed the U.S. Government’s categorization of Apple’s iPad Smart Covers, thereby subjecting the models to tariffs.
• Federal Circuit Affirmed Win Against Database Platform – Hulu successfully challenged a database patent in Sound View Innovations, LLC v. Hulu, LLC.
• Federal Circuit Vacates Denial of Attorneys’ Fees – In a precedential opinion, the Federal Circuit held that the district court must consider the objective unreasonableness of an infringement claim in determining whether to grant attorneys’ fees.

Here’s the latest.