FedCircuitBlog

Late yesterday and this morning, the Federal Circuit released one precedential opinion and nine nonprecedential orders. In the precedential opinion, the court vacated and remanded a judgment appealed from the Court of Appeals for Veterans Claims. One of the nonprecedential orders denied a petition for appellate attorney fees and costs following a Federal Circuit decision reversing and remanding a judgment of the Merit Systems Protection Board. Two of the nonprecedential orders remand cases appealed from the Northern District of West Virginia. Finally, five of the nonprecedential orders dismiss appeals and one is an erratum. Here is the introduction to the opinion, text from the orders, and links to the dismissals and erratum.

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

• an article about the Supreme Court “declin[ing] to consider an . . . argument that a ‘dangerous’ precedent will give big tech defendants a license to build inaccurate models of technology that can be used to wipe out patents asserted against them”;
• another article about a case involving the overturning of “a $308.5 million patent verdict against Apple”; and
• a third article explaining that “[a] potential import ban on the Apple Watch is still on the table.”

This morning the Federal Circuit released two precedential opinions and four nonprecedential orders. In the first precedential opinion, the court affirmed a case appealed from the Court of Appeals for Veterans Claims. Notably, Judge Newman dissented. In the second precedential opinion, the Federal Circuit affirmed a judgment appealed from the Patent Trial and Appeal Board. In two of the nonprecedential orders, the Federal Circuit denied petitions for writs of mandamus seeking to transfer cases from the Western District of Texas to the Northern District of California. One of the other nonprecedential orders, however, granted in part a petition for a writ of mandamus and, in particular, directed the Western District of Texas to decide a transfer motion. The last nonprecedential order dismissed an appeal. Here are the introductions to the opinions, text from the orders, and a link to the dismissal.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received a petition raising questions related to claim construction and another petition raising questions related to prosecution laches, and the court also invited a response to the same petition raising questions related to prosecution laches. 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 about a Federal Circuit decision finding “an isolated form of vitamin B3″ to be “unpatentable subject matter under Section 101”;
• an article about Optis Cellular urging the Federal Circuit “not to reverse a Texas federal jury’s nine-figure infringement judgment against Apple, Inc.”; and
• another article about the Federal Circuit “reviv[ing] a long-running infringement lawsuit Bard brought against Pennsylvania-based Medical Components Inc.”

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

• an article about the potential impact on the value of patents for universities if the Supreme Court grants review in a recent case decided by the Federal Circuit;
• another article reporting how “U.S. District Judge Alan Albright won’t transfer a cryptographic data technology patent suit against Microsoft Corp.”; and
• a blog post about a district court finding a patent that “covers a process for allowing users to upload ‘dynamic albums’ to be stored on their devices” to be patent ineligible.

Here is this month’s update on activity in cases pending before panels of the Federal Circuit where the cases involve 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 six new cases, three of which involve petitions for writs of mandamus that were ultimately denied by the Federal Circuit. Additionally, we highlight an opinion in a government contract case and a patent case with a new briefing. 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 about the U.S. Supreme Court asking the Solicitor General “to provide its views on [a] petition asking the High Court to clarify the proper application of estoppel in inter partes review (IPR) proceedings”;
• an article about the Federal Circuit rejecting a “claim that the U.S. Supreme Court has implicitly overruled key design patent validity tests”; and
• another article about the Federal Circuit’s recent en banc decision that “overturned an earlier decision that would have allowed veterans to receive up to an additional year of education.”

This morning the Federal Circuit released one precedential opinion and two nonprecedential opinions. The precedential opinion comes in a patent case appealed from the Eastern District of Texas. In it, the Federal Circuit affirmed the district court’s determination that a patent is unenforceable based on prosecution laches. Notably, Judge Stark filed a dissenting opinion. The two nonprecedential opinions come in separate patent cases appealed from the Patent Trial and Appeal, both involving the same parties. In each opinion, Judge Lourie filed additional views and Judge Stark filed a concurring opinion, both addressing the argument the Supreme Court overruled the Federal Circuit’s approach to obviousness with respect to design patents. Late yesterday and this morning, the Federal Circuit also released six nonprecedential orders dismissing appeals. Here are the introductions to the opinions and links to the dismissals.

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

• an article about how a “Federal Circuit panel . . . seemed wary that . . . large companies used a roundabout way to challenge the U.S. Patent and Trademark Office’s Fintiv policy”;
• a blog post about a Federal Circuit decision finding that two patents “for remote education and training systems is patent ineligible”; and
• another article about the Federal Circuit upholding a lower court’s decision related to Amazon.com Inc.’s virtual assistant Alexa.