FedCircuitBlog

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

• an article highlighting how the Supreme Court yesterday denied Apple’s petition for writ of certiorari in Apple Inc. v. Qualcomm Inc.;
• another article discussing how “two cases signal that the Federal Circuit and district courts are moving toward explicitly recognizing that parties to a mandatory arbitration clause can bargain away the right to file for inter partes review at the Patent Trial and Appeal Board”; and
• a blog post addressing how a flip in a recent Federal Circuit decision “appears to be the consequence of a change in panel composition.”

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court denied two petitions for rehearing raising questions related to the Appointments Clause and the scope of usable prior art in inter partes review. The court also granted panel rehearing but denied as moot rehearing en banc in response to a petition raising questions related to claim construction and the written description requirement. 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 discussing how the Federal Circuit affirmed a decision that “an Italian company can’t register a ‘Parma Coffee’ trademark because it primarily refers to a product’s point of origin”;
• another article addressing how Apple called the Solicitor General’s brief a “‘regrettable disregard’ of high court precedent” in Apple Inc. v. Qualcomm Inc.; and
• a third article explaining how the Federal Circuit decided a “Delaware federal judge misconstrued part of UMass’ skin-cream patents when it found them invalid last year.”

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, there is no new activity to report. With respect to petition cases, three new petitions were filed with the Court; a reply brief was filed in a case raising questions related to patent eligibility; and four supplemental briefs were submitted in three patent cases. Here are the details.

This morning the Federal Circuit released two nonprecedential opinions. The first comes in a patent case appealed from the Patent Trial and Appeal Board; the second comes in a veterans case appealed from the Court of Appeals for Veterans Claims. The Federal Circuit also released two Rule 36 judgments. Here are the introductions to the opinions and links to the Rule 36 judgments.

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 the scope of usable prior art in inter partes review. The court also denied a recent motion for limited remand in a case raising questions related to the Appointments Clause. Finally, the court denied a petition raising a question related to transfers of cases. Notably, all three of these cases involved Apple Inc. 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 cases with pending petitions, one new petition was filed by a pro se petitioner; the government filed a waiver of right to respond in another case submitted by a pro se petitioner; and another pro se petitioner submitted his reply brief. Finally, the government submitted the views of the United States in two patent cases: one raising questions about eligibility and another raising a question about standing. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit. In a pending en banc veterans case, the Secretary of Veterans Affairs filed the government’s opening brief. As for pending petitions, the United States motioned for limited remand in a case raising questions related to the Appointments Clause; the court invited responses to two petitions raising questions related to means-plus-function limitations in patent claims; the court received a response to a petition raising questions related to the scope of usable prior art in inter partes review proceedings; and the court received an amicus brief supporting rehearing in one of the petitions raising questions related to means-plus-function limitations. 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 discussing how the government advised the Supreme Court that a pending patent case is a “‘suitable vehicle for providing greater clarity’ on when an invention can be patented”;
• another article addressing the Federal Circuit’s “focus on using mandamus to compel transfer of cases”; and
• a third article explaining how the “Federal Circuit’s newest judge continues to hear Delaware cases” after his promotion.

This morning the Federal Circuit released seven nonprecedential orders. One grants a motion to remand to the Western District of Texas; one grants a motion to transfer venue; one grants a motion to remand to the Patent Trial and Appeal Board; one transfers an appeal to the Court of Appeals for the Ninth Circuit; one summarily affirms; and two grant motions to dismiss. Here is text from the orders and links to the dismissals.