FedCircuitBlog

This morning the Federal Circuit issued a precedential opinion in a patent case appealed from the Patent Trial and Appeal Board, a nonprecedential opinion in an employment case appealed from the Merit Systems Protection Board, and a precedential order granting two petitions for writ of mandamus against the Western District of Texas to dismiss or transfer cases. Finally, the Federal Circuit issued two Rule 36 judgments. Here are the introductions to the opinions and order 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 new petition raising questions related to assignments of patents and standing and a new response to a petition raising questions related to claim construction and the written description requirement. The court also requested a reply from a petitioner in support of its combined petition, which raised questions related to the Appointments Clause. Finally, the court denied two petition raising questions related to the standard of review for a grant or denial of a preliminary injunction and claim construction. Here are the details.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. This week the Court granted certiorari in a veterans case that raises questions regarding equitable tolling and retroactive disability benefits. The Court also requested the Solicitor General file a brief expressing the views of the United States in a patent case raising a question regarding standing to challenge the validity of patents. Additionally, three new petitions were filed with the Court: two in cases appealing decisions from the Merit Systems Protection Board and one in a patent case. Moreover, one amicus brief was submitted in a patent case; three briefs in opposition were filed in trade, employment, and veterans cases; one waiver of right to respond was filed in a patent case; three petitions were denied; and one petition was dismissed. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit. Recently the Federal Circuit granted en banc review in one veterans case, and last week the en banc court heard oral argument in another veterans case. As for petitions for en banc review in patent cases, the court invited a response to a petition raising a question related to claim construction. The court also received three new responses to petitions raising questions related to the Appointments Clause, claim construction, and the written description requirement. Finally, the court denied a petition raising questions related to the inducement doctrine’s interaction with the Hatch-Waxman Amendments. Here are the details.

Guest Post by Megan M. La Belle†

Forum shopping in patent cases is not a new phenomenon. To be sure, the primary reasons Congress established the U.S. Court of Appeals for the Federal Circuit in 1982 were to increase uniformity in patent doctrine and reduce forum shopping.1 Instead of eliminating forum shopping, however, the creation of the Federal Circuit merely shifted plaintiffs’ focus from appellate courts to district courts when looking for a friendly forum to pursue patent infringement suits.2

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

• a blog post discussing how far “the scope of [inter partes review] estoppel expands”;
• another blog post commenting on “[t]he Federal Circuit’s analysis of comparable licenses” for damages purposes in patent cases; and
• an article explaining “mandamus and the battle over venue in modern America.”

This morning the Federal Circuit issued two precedential opinions. The first comes in a patent case and concerns a district court’s refusal to seal certain documents. Notably, Judge Mayer wrote an opinion dissenting from the majority’s decision to vacate and remand the case. The second comes in a government contract case. The court also issued three nonprecedential opinions in employment and veterans cases. Finally, the court released a precedential order transferring an employment case to the District of Maryland. Here are the introductions to the opinions and order.

Here is an update on recent en banc activity at the Federal Circuit. Last week the court granted en banc reharing in a veteran’s case, and tomorrow the en banc court will hear oral argument in another veteran’s case. As for patent cases, the court received two new responses to petitions raising questions related to the Appointments Clause and the written description requirement, and the court invited a response to a petition raising questions related to conflicts of interest and due process. Finally, in another patent case the court received a new amicus brief supporting a petition raising a question related to claim construction. 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 recently the “Federal Circuit underscore[d] [the] importance of [patent law’s] written description requirement”;
• another article explaining how the Federal Circuit “threw out a jury verdict ordering Apple Inc and Broadcom Inc to pay $1.1 billion to the California Institute of Technology” in a patent case;
• another another article assessing how the Federal Circuit “upheld a Michigan judge’s decision to grant a preliminary injunction” in a patent case; and
• another article discussing how the Federal Circuit recently held that the Patent Trial and Appeal Board “improperly relied on applicant admitted prior art” in an inter partes review proceeding.

This morning the Federal Circuit released three precedential opinions in patent cases and one nonprecedential opinion in a trademark case. In the first precedential opinion, the court affirmed invalidity decisions of the Patent Trial and Appeal Board in inter partes review proceedings. In the second precedential opinion, the court affirmed-in-part, reversed-in-part, vacated-in-part, and remanded the latest appeals involving Apple and Wi-LAN. In the third precedential opinion, the court affirmed-in-part, vacated-in-part, and remanded an appeal in a case pitting the California Institute of Technology against Broadcom Ltd. Notably, Judge Dyk concurred-in-part and dissented-in-part from the majority’s holding. Finally, in the court’s nonprecedential opinion it affirmed the cancelation of a trademark registration. Notably, Judge Cunningham authored the nonprecedential opinion, her first for the court. Here are the introductions to the opinions.