Opinions

Opinions & Orders – August 9, 2024

This morning the Federal Circuit released one precedential opinion, two nonprecedential opinions, and two nonprecedential orders. The precedential opinion affirms in part and vacates in part a judgment of the Court of Federal Claims. The first nonprecedential opinion affirms three decisions made by the Patent Trial and Appeal board, while the second nonprecedential opinion affirms a dismissal for lack of jurisdiction by the Court of Federal Claims. Both of the orders are dismissals. Here are the introductions to the opinions and links to the orders.

Read More
Opinions

Opinions & Orders – August 8, 2024

This morning the Federal Circuit released two nonprecedential opinions, two nonprecedential Rule 36 judgments, and one nonprecedential order. The first opinion affirms a judgment of the Merit Systems Protection Board, while the second dismisses a petition for review of another judgment of the Merit Systems Protection Board. The order is a dismissal. Here are the introductions to the opinions and links to the Rule 36 judgments and orders.

Read More
Panel Activity

Update on Important Panel Activity

Here is an 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 new opinions in two patent cases and one new case that attracted an amicus brief in another patent case. We also highlight new briefing in three patent cases as well as recent oral arguments in a veterans case and two patent cases. Here are the details.

Read More
Opinions

Opinions & Orders – July 26, 2024

This morning the Federal Circuit released one precedential opinion and one nonprecedential order. The opinion affirms in part and reverses in part a judgment of the Patent Trial and Appeal Board. The order remands a case appealed from the Patent Trial and Appeal Board for further proceedings. Here are the introductions to the opinion and order.

Read More
En Banc Activity

Recent En Banc Activity

Here is an update on recent en banc activity in patent cases at the Federal Circuit. Highlights include two new petitions raising questions concerning a court’s responsibility to scrutinize a patentee’s reliance on supposedly comparable licenses and claim construction matters. The court also denied two petitions raising questions related to claim construction and summary judgment. Here are the details.

Read More
Argument Recap

Argument Recap – AliveCor, Inc. v. Apple Inc.

Earlier this month, the Federal Circuit heard oral argument in AliveCor, Inc. v. Apple Inc., a patent case that attracted an amicus brief. In this case the Federal Circuit is reviewing a judgment of the Patent Trial and Appeal Board, which held several of AliveCor’s patents to be invalid as obvious. Judges Hughs, Linn, and Stark heard the argument. This is our argument recap.

Read More
Court Week

Court Week – July 2024 – What You Need to Know

This week is Court Week at the Federal Circuit. In total, the court will convene 8 panels to consider 43 cases. Of these cases, the court will hear oral arguments in 35. The Federal Circuit is providing access to live audio of these arguments via the Federal Circuit’s YouTube channel. This month, three cases scheduled for oral argument attracted amicus briefs. Here’s what you need to know about these three cases.

Read More
Argument Preview

Argument Preview – AliveCor, Inc. v. International Trade Commission

There are three cases that will be argued this month at the Federal Circuit that attracted amicus briefs. Last week we reported on two of these cases. The third is AliveCor, Inc. v. International Trade Commision. In this case, the Federal Circuit will review a judgment of the International Trade Commission in a patent infringement dispute between AliveCor, Inc. and Apple Inc. On the one hand, the Commission found that certain patent claims asserted by AliveCor are invalid under under 35 U.S.C. § 101 and that certain claims are not infringed by Apple. The Commission also found that other claims are not invalid and are infringed. Both AliveCor and Apple appealed. This is our argument preview.

Read More
Argument Preview

Argument Preview – AliveCor, Inc. v. Apple Inc.

As we mentioned on Monday, three cases that will be argued in July at the Federal Circuit attracted amicus briefs. One of those cases is AliveCor, Inc. v. Apple Inc., a patent case. In it, the Federal Circuit will review a judgment of the Patent Trial and Appeal Board, which held several of AliveCor’s patents to be invalid for obviousness. This is our argument preview.

Read More
Panel Activity

Update on Important Panel Activity

Here is an 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 one new opinion in a veterans case and four new cases that attracted amicus briefs: a veterans case and three patent cases. We also highlight new briefing in two patent cases as well as recent oral arguments in a trademark case and veterans case. Here are the details.

Read More