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.
Recent News on the Federal Circuit
- 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.
Opinions & Orders – July 2, 2020
This morning, the Federal Circuit issued two precedential opinions in tax and trade cases. The court also issued one nonprecedential opinion in a patent case. Here are the introductions to the opinions.
Recent En Banc Activity
Here is an update on recent en banc activity at the Federal Circuit. Highlights include the filing of the opening brief in National Organization of Veterans Advocates, Inc. v. Secretary of Veterans Affairs, in which the Federal Circuit granted a petition for initial hearing en banc to address two questions related to jurisdiction and veterans law. As for petitions in patent cases, highlights include a new petition raising questions related to restriction requirements and patent term adjustments; a new response to a petition raising questions related to obviousness; a new invitation for a response to a petition raising questions related to injunctive relief; and the denial of three petitions raising questions related to claim construction, prevailing party status, and forum selection clauses. Here are the details.
Recent En Banc Activity
Here is an update on recent en banc activity at the Federal Circuit. Highlights include new petitions filed in two cases raising questions related to obviousness; responses to petitions in two cases raising questions related to inequitable conduct, obviousness, and assignor estoppel; an invitation for a response to a petition raising questions related to standing; and the denial of four petitions raising questions related to claim construction and the Appointments Clause. Here are the details.
Recent Supreme Court Activity
This post summarizes recent activity at the Supreme Court in cases decided by the Federal Circuit.
- The Supreme Court received six new petitions this week in (1) BioDelivery Sciences International, Inc., v. Aquestive Therapeutics, Inc., (2) Phazzer Electronics, Inc. v. Taser International, Inc., (3) Lakshmi Arunachalam v. Presidio Bank., (4) Lakshmi Arunachalam v. Apple, Inc., et al., (5) Lakshmi Arunachalam v. Wells Fargo Bank, N.A., and (6) Betzaida P. Jernigan v. Robert Wilkie, Secretary of Veterans Affairs.
- In Comcast Corp. v. International Trade Commission, Comcast submitted its reply to the ITC’s brief in opposition.
- Finally, the State of Indiana submitted identical amicus briefs in favor of the petitioners in both Jake LaTurner, Kansas State Treasurer v. United States and Andrea Lea, Arkansas State Auditor v. United States.
Here are the details.
Opinions & Orders – June 16, 2020
This morning the Federal Circuit issued one nonprecedential opinion in a Merit Systems Protection Board case, one nonprecedential opinion in a patent case, and one nonprecedential order denying a petition for a writ of mandamus related to a motion to transfer. Here are the introductions to the opinions and the text of the order.
Recent En Banc Activity
Here is an update on recent en banc activity at the Federal Circuit. Highlights include a new petition filed in a case raising a question related to jurisdiction over an appeal from the Patent Trial and Appeal Board; a dismissal agreement in a case raising questions related to vitiation; and the denial of petitions in three cases raising questions related to prosecution history estoppel and the Appointments Clause. Here are the details.
Recent En Banc Activity
Here is an update on recent en banc activity at the Federal Circuit. Highlights include new petitions filed in five cases raising questions related to claim construction, prevailing party status, assignor estoppel, forum selection clauses, and injunctive relief. In addition, a new amicus brief was filed in two cases raising questions related to patent eligibility. Here are the details.
Recent News on the Federal Circuit
- A Patent Emergency – A new Supreme Court petition declared that the Federal Circuit’s interpretation of patent eligibility law is a “patent emergency”.
- Federal Circuit OKs Do-Over in Apple Decryption Case – In light of Arthrex, the Federal Circuit remanded a case for a new hearing before different PTAB judges.
- Federal Circuit Dismisses Challenges to Nonfinal Patent Office decision – The Federal Circuit affirmed the district court’s lack of jurisdiction.
Here’s the latest.