FedCircuitBlog

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

• a post commenting on the Federal Circuit’s rehearing grant rates and how to achieve rehearing at the court;
• discussion of a letter sent by two U.S. senators to the U.S. Patent and Trademark Office concerning patent law’s disclosure requirements; and
• an article discussing a recent case addressing subject matter eligibility of software claims based on improvement to computer functionality.

This morning the Federal Circuit issued two nonprecedential opinions in cases appealed from the Patent Trial and Appeal Board. The cases address the patentability requirement of non-obviousness. The court also issued a Rule 36 judgment. Here are the introductions to the opinions and a link to the Rule 36 judgment.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to the Supreme Court’s October 2021 term, the Court still has not granted any petitions in cases decided by the Federal Circuit. Since our last update, moreover, no new petitions have been filed with the Court. As for pending petitions, though, four new reply briefs and two waivers of right to respond were filed. 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 the Supreme Court’s October 2021 term, the Court still has not granted any petitions in cases decided by the Federal Circuit. Since our last update, moreover, no new petitions have been filed with the Court. As for pending petitions, however, five amicus briefs and a waiver of right to respond were filed in a patent case asking whether the Federal Circuit holds jurisdiction over appeals or petitions challenging denials of petitions for inter partes review. Finally, an amicus brief was filed in another patent case also addressing the appellate jurisdiction of the Federal Circuit over appeals from denials of petitions for inter partes review. Here are the details.

This morning the Federal Circuit issued two nonprecedential opinions in related patent cases appealed from the Patent Trial and Appeal Board. The cases also relate to Universal Secure Registry LLC v. Apple Inc., a precedential case released yesterday by the Federal Circuit. Here are the introductions to the opinions.

This morning the Federal Circuit issued six precedential opinions in veterans, government contract, and patent cases. The patent cases address issues of claim construction, damages expert testimony, the written description requirement, and eligibility. The court also issued two nonprecedential opinions in related patent cases. Here are the introductions to the opinions.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to the Supreme Court’s October 2021 term, the Court still has not granted any petitions in cases decided by the Federal Circuit. As for pending petitions, since our last update five new petitions were filed with the Court: one in a government contract case, one in a veterans case, two in takings cases, and one in a pro se case. Additionally, two waivers of rights to respond were filed, one amicus brief was filed in a takings case, and three briefs in opposition to petitions addressing patent eligibility and preclusion were filed. Here are the details.

On August 2 the Federal Circuit issued its opinion in Omni Medsci, Inc. v. Apple Inc., a case we have been following because it attracted an amicus brief. The case was argued before Judges Newman, Linn, and Chen. Judge Linn authored the majority opinion affirming the district court, and Judge Newman dissented. The opinions relate to the doctrine of standing and the proper interpretation of the bylaws of the University of Michigan as they relate to ownership of intellectual property. This is our opinion summary. 

Recently, the Federal Circuit denied three petitions for writs of mandamus seeking to order the Western District of Texas to transfer cases. We have been following these cases because they attracted amicus briefs. This afternoon we will post three updates summarizing the court’s orders. Up first is in In re Apple Inc. On August 4, the Federal Circuit issued an order in this case denying a petition for a writ of mandamus. Judge Reyna authored the order, indicating on behalf of himself and Judges Chen and Stoll that “we cannot say that Apple has shown entitlement to this extraordinary relief.” Here is a summary of the case and the order. 

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received a new petition raising issues related to patent eligibility. The court also received three new responses to petitions filed in two cases addressing (1) the Patent and Trademark Office’s ability to deny inter partes review based on pending litigation concerning related patents and (2) patent eligibility. Additionally, the court received an amicus brief in the case addressing the denial of inter partes review based on pending litigation. Lastly, the court denied two petitions for rehearing en banc in cases concerning claim construction and the replacement of a primary prior art reference after institution by the Patent Trial and Appeal Board. Here are the details.