This morning the Federal Circuit released one nonprecedential opinion, ten nonprecedential orders, and one Rule 36 judgment. The opinion affirms a grant of a motion to dismiss for lack of subject matter jurisdiction in a pro se case. One of the orders summarily affirms a final judgment of the Court of Federal Claims, while four of the orders transfer cases. Five of the orders are dismissals. Here are the introductions to the opinion, summary affirmance, and transfers, as well as links to the dismissals and Rule 36 judgment.
Opinions & Orders – October 3, 2024
This morning the Federal Circuit released one precedential opinion and three nonprecedential orders. The precedential opinion reverses and remands a patent case decided by the District of Colorado. Notably, the Federal Circuit held “that a cause of action arises” under Section 43(a)(1)(B) of the Lanham Act “where a party falsely claims that it possesses a patent on a product feature and advertises that product feature in a manner that causes consumers to be misled about the nature, characteristics, or qualities of its product.” The three orders are all dismissals. Here is the introduction to the opinion and links to the dismissals.
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 public disclosures under 35 U.S.C. § 102 and issue preclusion. The court also denied two petitions. One raised a question related to the relationship of claim construction and unpatentability arguments in inter partes review proceedings. The other raised questions related to means-plus-function claims and patent eligibility. Here are the details.
Update on Important Panel Activity
Here is an update on activity in cases pending before panels of the Federal Circuit where the case involves 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 four recent opinions, four new cases, new briefing in three cases, and a recent oral argument. Here are the details.
Recent News on the Federal Circuit
Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:
- an article discussing a request for rehearing of a Federal Circuit decision finding “that Patent Trial and Appeal Board decisions can render patent claims invalid in later U.S. Patent and Trademark Office (USPTO) proceedings”; and
- an article reporting on the Federal Circuit’s opinion affirming “most aspects of an obviousness ruling issued by the Patent Trial and Appeal Board (PTAB) that invalidated radio communications patent claims owned by Philips.”
Recent News on the Federal Circuit
Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:
- an article discussing the Federal Circuit’s decision to reject Apple Inc.’s request to “expedite oral arguments in its appeal challenging” a decision of the U.S. International Trade Commission, which banned the sale of Apple Watches with a blood oxygen feature; and
- an article detailing how in a recent decision the Federal Circuit “sided with Apple Inc.,” ending a decade-long patent dispute brought by the University of Wisconsin’s patent licensing arm involving “several generations of allegedly infringing processors used in iPhones and iPads.”
Opinions & Orders – August 29, 2024
This morning the Federal Circuit released two precedential opinions, two nonprecedential opinions, and five nonprecedential orders. The first precedential opinions affirms a judgment of the Court of Appeals for Veterans Claims, while the second affirms a judgment of the Western District of Wisconsin in a patent case. As for the nonprecedential opinions, the first comes in an appeal from the Patent Trial and Appeal Board and the second in an appeal from the International Trade Commission. The five nonprecedential orders were all dismissals. Here are the introductions to the opinions and links to the dismissals.
Recent News on the Federal Circuit
Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:
- an article discussing a recent decision by the Federal Circuit addressing estoppel in inter partes review proceedings; and
- a blog post highlighting a view that the Federal Circuit has taken a “new approach to venue transfer petitions” in patent cases.
Opinions & Orders – August 21, 2024
This morning the Federal Circuit released one nonprecedential opinion and nine nonprecedential orders. The opinion upheld a decision of the Merit Systems Protection Board. Notably, one of the orders denies a petition for a writ of mandamus seeking to order the Western District of Texas to transfer a patent case to the Northern District of California. Here are the introductions to the opinions and orders.
Opinions & Orders – August 13, 2024
This morning the Federal Circuit released two precedential opinions, two nonprecedential opinions, one Rule 36 judgment, and four nonprecedential orders. The first precedential opinion reverses a judgment of the District of Delaware in a patent case, while the second grants a petition for panel rehearing in a trade case appealed the Court of International Trade. The first nonprecedential opinion dismisses an appeal for lack of jurisdiction, while the second affirms a decision of the Merit Systems Protection Board. All of the nonprecedential orders are dismissals. Here are the introductions to the opinions and links to the Rule 36 judgment and orders.