FedCircuitBlog

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to the Supreme Court’s October 2021 term, the Court still has not granted any petitions in cases decided by the Federal Circuit. Since our last report, however, ten new petitions have been filed in patent, government contract, veterans, and pro se cases; briefs in opposition have been filed in three patent and veterans cases; replies in support of petitions have been filed in three patent cases; the Court requested a response to a petition in a patent case; and the Court denied petitions in three patent, trademark, and pro se cases. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received two new petitions raising questions related to patent eligibility and the Appointments Clause. The court also invited a response to a petition that raised questions related to the notice required to collect damages for infringement. Finally, the court denied a petition raising questions related to the assignment of patents. Here are the details.

This morning the Federal Circuit issued a nonprecedential opinion reviewing a judgment of the District of Delaware holding patent claims invalid for lack of eligibility. The Federal Circuit also issued four nonprecedential orders. The first order dismisses a petition for a writ of mandamus after notification by the parties that mandamus relief is no longer necessary. The other three orders all grant petitions for writs of mandamus directing the the Western District of Texas to transfer patent cases to the Northern District of California. Finally, the court issued two Rule 36 judgments. Here are the introductions to the opinions and orders and links to the Rule 36 judgments.

This morning the Federal Circuit issued a precedential opinion in a patent case appealed from the Patent Trial and Appeal Board and two nonprecedential opinions in employment cases appealed from the Merit Systems Protection Board. The court also issued two nonprecedential orders. In the first order, the court denied a petition for a writ of mandamus seeking to vacate an order transferring a patent case from the District of Colorado to the Western District of Texas. In the second order, the court granted a petition for a writ of mandamus directing the Western District of Texas to transfer a patent case. Finally, the Federal Circuit released three Rule 36 judgments. Here are the introductions to the opinions and orders and links to the Rule 36 judgments.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to the Supreme Court’s October 2021 term, since our last update the Court has not granted any petitions in cases decided by the Federal Circuit. Additionally, since our last update no new petitions have been filed with the Court. As for previously filed petitions, however, in three patent cases four briefs in opposition were filed. In addition, the Court denied a petition in another patent case. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received two new petitions, one raising a question related to comparable licenses and royalty calculations and another raising a question related to the written description requirement. The court received three more amicus briefs in support of rehearing en banc in a case that raises questions concerning the inducement doctrine’s interaction with the Hatch-Waxman amendments. Finally, the court denied three petitions for rehearing en banc, one raising a question related to writs of mandamus and two raising the same questions related to patent eligibility. Here are the details.

This morning the Federal Circuit issued four nonprecedential opinions. Two come in patent cases appealed from the Patent Trial and Appeal Board and involving the same parties. One comes in an employment case appealed from the Merit Systems Protection Board. And one comes in a veterans case appealed from the Court of Appeals for Veterans Claims. The Federal Circuit also issued a nonprecedential order denying a petition for a writ of mandamus to direct the Eastern District of Texas to stay proceedings in a patent case. Here are the introductions to the opinions and order.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received two new petitions for rehearing en banc raising questions related to inter partes review estoppel and notice required to collect damages for infringement. The court also received three new responses to petitions that raised questions related to the Federal Circuit’s reversal of a judgment in an inter partes review proceeding based on a teaching away finding, the denial of a petition for a writ of mandamus seeking to order transfer, and the assignment of patents. The court received four amicus briefs in cases raising questions related to the Federal Circuit’s reversal of a judgment in an inter partes review proceeding based on a teaching away finding, patent eligibility, and the assignment of patents. Finally, the court denied two petitions for rehearing en banc raising questions related to the weight given to expert witness testimony during claim construction and the non-obviousness 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:

• a blog post detailing how in a patent case the Federal Circuit “affirmed a district court’s finding of exceptionality under 35 U.S.C. § 285” based on inequitable conduct;
• another blog post discussing the Federal Circuit’s discussion of the “potential for decision maker bias to occur”;
• a report explaining the Federal Circuit’s affirmance of “a Texas federal court’s decision to clear HP and other companies . . . of infringing several printing patents” and an “attorney fee order”; and
• an article assessing how Apple “won . . . support . . . for its effort to get the Federal Circuit to rehear [a patent] ownership dispute.”

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received three new petitions raising questions related to the inducement doctrine’s interaction with Hatch-Waxman Amendments, the Patent Trial and Appeal Board’s analysis of the non-obviousness requirement, and venue. The court also denied two petitions for rehearing en banc raising questions related to anticipation, the evidentiary basis of an invalidity finding, and the proper standard of review of agency determinations. Here are the details.