FedCircuitBlog

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received a response to a petition raising questions related to prosecution laches, invited a response to a petition raising questions related to patent eligibility, and received three amicus briefs supporting rehearing in two cases raising the same questions related to non-obviousness of designs under design patent law. 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 about the Federal Circuit finding that “Apple can’t reach back through history and apply the Beatles’ Apple Corps mark . . . to protect a broad category of live events and recordings”; and
• another article about how “[t]he Federal Circuit has clarified how courts should determine when accused patent infringers are barred from making invalidity arguments they didn’t include in an earlier [inter partes review] challenge.”

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

• an article about the recent Federal Circuit decision that “vacated a $576 million judgment against Apple”; and
• a blog post about the Solicitor General’s recent “amicus brief with the United States Supreme Court advising it to grant Teva Pharmaceuticals’ petition for writ of certiorari.”

This morning, the Federal Circuit released two precedential opinions, two nonprecedential opinions, and a Rule 36 judgment. In the two precedential opinions, the court affirmed a judgment appealed from the Court of Appeals for Veterans Claims and reversed a judgment of the Trademark Trial and Appeal Board. In the two nonprecedential opinions, the Federal Circuit affirmed an arbitrator’s judgment and affirmed a judgment of the Merit Systems Protection Board. Here are the introductions to the opinions and link to the Rule 36 judgment.

This morning, the Federal Circuit released two precedential opinions and two nonprecedential opinions. In the first precedential opinion, the court affirmed a judgment of the Patent Trial and Appeal Board. In the second precedential opinion, the Federal Circuit affirmed a judgment of the International Trade Commission. In the first nonprecedential opinion, the Federal Circuit vacated and remanded a judgment of the Eastern District of Texas in a patent case with instructions to dismiss the case as moot. In the second nonprecedential opinion, the Federal Circuit affirmed another judgment of the Patent Trial and Appeal Board. Here are the introductions to the opinions.

Here is another 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 dispositions for patent cases and another that addresses jurisdiction. We also highlight four new cases (a contract case, a trade case, a takings case, and a tax case), all of which are set to be argued next month, along with a patent case. Additionally, we highlight an argument recap in patent case. Here are the details.

Last week, the Federal circuit issued its opinion in Apple Inc. v. Vidal. In this case, the Federal Circuit reviewed a determination by a district court that 35 U.S.C. § 314(d) precluded judicial review of certain factors (the so-called Fintiv factors) adopted by the Director of the Patent and Trademark Office to govern decisions whether to institute inter partes review of patents. In an opinion authored by Judge Taranto and joined by Judges Lourie and Stoll, the Federal Circuit affirmed in part, reversed in part, and remanded. This is our opinion summary.

Here is the first of two updates this week 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 a new patent case in which the court, due to a motion to expedite, heard oral argument recently. Additionally, we highlight new briefings in two patent cases as well as four recent opinions. 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:

• a blog post about how “the Federal Circuit . . . revived an Administrative Procedure Act (APA) challenge to the Fintiv decision on discretionary denial” of petitions for inter partes review;
• an article about the Federal Circuit also “reviv[ing] a patent-infringement lawsuit against Amazon.com Inc.” after a stipulation of non-infringement based on a district court’s claim constructions; and
• another article about a Federal Circuit opinion “determining that the PTAB required too much evidence to establish a motivation to combine prior art.”

Late yesterday and later this morning, the Federal Circuit released one precedential opinion and five nonprecedential orders. In the opinion, the court affirmed a judgment in a case appealed from the Court of International Trade. Four of the orders dismiss appeals, while one is an erratum. Here is the introduction to the opinion and links to the dismissals and erratum.