FedCircuitBlog

This morning, the Federal Circuit released three precedential opinions, seven nonprecedential opinions, one nonprecedential order, and one summary affirmance under Rule 36. Of the precedential opinions, two come in patent cases on appeal from the Patent Trial and Appeal Board, while the third comes in a veterans case on appeal from the Court of Appeals for Veterans Claims. Of the nonprecedential opinions, three come in appeals from the Merit Systems Protection Board, two come in appeals from the Court of Appeals for Veterans Claims, and two come in appeals from the Patent Trial and Appeal Board. The lone nonprecedential order dismisses an appeal. Here are the introductions to the opinions and order and a link to the summary affirmance.

Here is a report on recent news and commentary related to the Federal Circuit and its cases. In Romag Fasteners, Inc. v. Fossil, Inc., the Supreme Court vacated a judgment of the Federal Circuit, holding unanimously that trademark owners do not have to show an infringer’s willfulness as a precondition to a profits award. In an April report, Adjusting to Alice, the USPTO claims that the guidance it provided after the Alice decision decreased the unpredictability of patent examination. On Law.com, Scott Graham suggests that the Federal Circuit could soon reconsider its decision in Arista Networks v. Cisco Systems.