FedCircuitBlog

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 two dispositions, one new case with an amicus brief, one case with new briefing, one case update, three recent oral arguments, and two upcoming oral arguments. Here are the details.

This morning, the Federal Circuit issued a precedential opinion in a case involving an appeal from the Merit Systems Protection Board and a precedential opinion in a patent case addressing eligible subject matter. Additionally, the court issued three nonprecedential opinions: two in patent cases and one in a government contract case involving a bid protest. Finally, the court issued two Rule 36 judgments. Here are the introductions to the opinions and the links to the Rule 36 judgments.

• U.S. v. Arthrex: Is Historical Practice of the USPTO Relevant? – One factor that the Supreme Court may consider in determining the appropriate remedy if necessary for the appointment of administrative patent judges is the historical practice of the USPTO.
• Apple Faces Dubious Federal Circuit on Patent Ownership Argument – Judges Chen and Linn of the Federal Circuit seemed to doubt the interpretation of the contract language that Apple is relying on to challenge Omni MedSci’s ownership of the allegedly infringed patents.
• Federal Circuit on TM Licensing: We’re Going to Enforce the Terms – The Federal Circuit held that the Army properly refused Authentic Apparel’s proposal to make certain Army-branded items, including the expansion of a clothing line featuring Dwayne “The Rock” Johnson.

Here’s the latest.

As we have been reporting, the Federal Circuit this month scheduled three oral arguments in cases that attracted amicus briefs. In one of these cases, Omni Medsci, Inc. v. Apple Inc., the court heard argument Thursday regarding two different district courts’ holdings with respect to an alleged standing problem related to the plaintiff, Omni Medsci. This is our argument recap.

Here is an update on recent en banc activity at the Federal Circuit. New petitions were filed in two patent cases raising questions related to claim construction and the doctrine of equivalents. The court also denied seven petitions in patent cases raising questions related to Rule 36 judgments, injunctive relief, claim construction, awards of attorneys’ fees, eligible subject matter, deference to the Patent Trial and Appeal Board, standing, inter partes review, and enablement. Here are the details.

Next week is Court Week at the Federal Circuit. As in the past several months, the court will hear most of its oral arguments telephonically given the coronavirus pandemic. Notably, however, as discussed in our recent post, “Panels B, E, H, K, and N will only be available through the online audio stream” on the Federal Circuit’s new YouTube channel. In total, the court will convene 17 panels to consider about 65 cases. Of these 65 cases, the court will hear oral arguments in 43. Of the argued cases, three attracted amicus briefs: one in a tax case, one in a patent case, and one in a death benefit case. Here’s what you need to know about these three cases.

This morning, the Federal Circuit issued a nonprecedential opinion in a patent case appealed from the Patent Trial and Appeal Board, a nonprecedential errata, and a Rule 36 judgment. Here is the introduction to the opinion, the text of the errata, and a link to the Rule 36 judgment.

Another case being argued next week at the Federal Circuit that attracted amicus briefs is Omni Medsci, Inc. v. Apple Inc. In this patent case, the Federal Circuit granted Apple’s motion for an interlocutory appeal to review two different district courts’ holdings with respect to an alleged standing problem. This is our argument preview.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court denied two petitions raising questions related to inter partes review. That’s it! Here is a summary with links to the relevant case pages for more information.

• 2G or Not 2G: Patent License Applies to Future Generation Wireless Networks – Despite Evolved Wireless’s efforts to limit a licensing agreement for a cellular network patent to 3G Networks, the Federal Circuit affirmed the lower court’s decision to give “generation” a broad construction.
• Apple, AT&T, Verizon Keep Patent Validity Suits in California – VoIP-Pal.com was unable to convince the Federal Circuit to issue a writ of mandamus directing the Northern District of California to transfer its cases to the Western District of Texas.
• Federal Circuit Says PTAB Wrongly Upheld Cancer Detection Patent – The Federal Circuit overruled the PTAB’s finding of no invalidity of Melanoscan’s patent in Canfield Scientific, Inc. v. Melanoscan, LLC.

Here’s the latest.