FedCircuitBlog

This morning the Federal Circuit released three precedential opinions. The first comes in a patent case appealed from the Eastern District of Virginia; the second comes in a trade case appealed from the Court of International Trade; and the third comes in a veterans case appealed from the Court of Appeals for Veterans Claims. Notably, in the trade case, Judge Newman dissented. The Federal Circuit also released three nonprecedential opinions in patent cases appealed from the Court of Federal Claims, the District of South Carolina, and the Patent Trial and Appeal Board, respectively. Finally, the Federal Circuit released a nonprecedential order dismissing an appeal for failure to prosecute and a Rule 36 judgment. Here are the introductions to the opinions, a link to the dismissal, and a link to the Rule 36 judgment.

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

• an article discussing Moderna’s claim “that Pfizer and BioNTech unlawfully copied Moderna’s inventions”;
• an article summarizing the Federal Circuit recent ruling “that ‘plain meaning’ [of patent claims] cannot be interpreted in a vacuum”; and
• a third article highlighting the Federal Circuit’s decision to allow Apple and several other tech companies to “continue to import and sell their smartphone devices.”

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 Fifth Circuit “said it would ‘continue to disagree with the Federal Circuit’ over whether it has appellate jurisdiction over” appeals of Walker Process patent fraud cases;
• a blog post highlighting how patent law’s “defense of assignor estoppel has been in flux”; and
• a third article detailing how Koss Corp. is “vying to save one of its patents for wireless earphones and headphones that has been at the center of its infringement suits against Apple Inc. over its AirPods wireless earbuds.”

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 a question related to the ability of a Federal Circuit panel to nullify or render advisory an earlier judgment of the court. The court also received an amicus brief supporting rehearing in a case raising questions related to the Federal Vacancies Reform Act and the grounds for inter partes review. Finally, the court denied a petition in a case raising questions related to the court’s grant of a petition for a writ of mandamus to order transfer of a case from the Western District of Texas to the Northern District of California. Here are the details.

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 an opinion in a patent case addressing the denial of a motion for a preliminary injunction seeking to enjoin the International Trade Commission, a new patent case appealed from the Patent Trial and Appeal Board, and two oral argument recaps in a veterans case and a patent case concerning prosecution laches. Here are the details.

Earlier this month, the Federal Circuit heard oral argument in Personalized Media Communications, LLC v. Apple Inc., a patent case we have been tracking because it attracted amicus briefs. In this case, Personalized Media Communications appeals a district court’s decision to overturn a jury verdict. While the district court applied the “equitable doctrine of prosecution latches,” PMC claims the district court committed legal error and abused its discretion in ruling that PMC engaged in an “egregious misuse” of the patent system. This is our argument recap.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With regard to granted cases, the Secretary of Veterans Affairs filed its merits brief in Arellano v. McDonough. With respect to petitions, four new petitions were filed with the Court, one in a patent case, one in a case addressing the jurisdiction of the Federal Circuit, and two in pro se cases; seven amicus briefs were filed in support of the petitions in two patent cases addressing the written description requirement; and the Court dismissed a petition in another pro se case. 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 granted cases, there is no new activity to report since our last update. With respect to petition cases, one new petition was filed in a patent case; a waiver of right to respond was filed in a case raising questions about procedure; a brief in opposition was submitted in another patent case; and the Court denied certiorari in two patent cases.

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, according to recent statistics, “[p]atent owners face a tougher road on appeal than accused defendants and patent challengers”;
• another article addressing how “Coca-Cola Co. saw its trademark tribunal win tossed by a Federal Circuit panel”; and
• a blog post discussing “[l]essons from [the] rejection of Apple’s cert petition against Qualcomm” in Apple Inc. v. Qualcomm Inc.

This week we are previewing oral arguments in two cases that attracted amicus briefs. Today we highlight Personalized Media Communications, LLC v. Apple, Inc. On appeal, Personalized Media Communications challenges a district court’s decision to overturn a jury verdict based on the equitable doctrine of prosecution latches. Personalized Media argues the district court committed legal error and abused its discretion in ruling that Personalized Media engaged in an “egregious misuse” of the patent system. This is our argument preview.