FedCircuitBlog

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Since our last update, three new petitions for en banc rehearing were filed raising questions related to Federal Rule of Evidence 702, expert witness analyses related to disclosed structure for means-plus-function limitations, and patent eligibility; one new response was filed to a petition raising questions related to de minimis infringement; and the Federal Circuit denied a petition that raised a question related to eligibility. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Since our last update, two new petitions for en banc rehearing were filed in patent cases raising questions related to obviousness and apportionment; the court issued two invitations for responses in patent cases raising questions related to obviousness and de minimis infringement; and the court denied a petition raising questions related to judicial estoppel and appellate procedure. Here are the details.

Here is an update on activity in cases pending before panels of the Federal Circuit where the cases have attracted 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 seven recent opinions, one recent order, and two newly-identified cases. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Since our last update, two new petitions for en banc rehearing were filed in patent cases raising questions related to eligibility, the presumption of validity, and de minimis infringement. Here are the details.

Early this month, the Federal Circuit issued its opinion in Arlton v. AeroVironment, Inc., a patent case we have been following because it attracted an amicus brief. In this case, the Arltons appealed from a summary judgment entered by the Central District of California, which held that AeroVironment could not be held liable for infringement. AeroVironment cross-appealed the district court’s denial of its motion for attorneys’ fees. In an opinion authored by Judge Stark and joined by Judges Prost and Cunningham, the Federal Circuit affirmed the district court. This is our summary of the Federal Circuit’s opinion.

This morning, the Federal Circuit released two precedential opinions, two nonprecedential opinions, and three nonprecedential orders. One precedential opinion comes in an appeal of a decision of the Court of Appeals for Veterans Claims, and the other comes in an appeal of a decision of the Court of Federal Claims. One of the nonprecedential opinions comes in a patent infringement case decided by a district court, and the other comes in an appeal of a decision of the Court of Federal Claims. Two of the orders dismiss appeals. The remaining order is a sue sponte order recalling a mandate for the limited purpose of correcting a misstatement in the opinion. Here are the introductions to the opinions and the order recalling the mandate, along with links to the dismissals.

Here is an 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 two new opinions, four recent oral arguments, and five upcoming oral arguments. Here are the details.

This month, the Federal Circuit heard oral argument in a patent case we have been following because it attracted an amicus brief. The case, Arlton v. AeroVironment, Inc., raises several questions, most prominently questions concerning patent infringement and the jurisdiction of the Court of Federal Claims under 28 U.S.C. § 1498. Judges Prost, Cunningham, and Stark heard the oral argument. This is our argument recap.

This week is Court Week at the Federal Circuit. The court will convene 12 panels to consider 67 cases. Of the 67 cases, the court will hear oral argument in 44. The Federal Circuit provides access to live audio of these arguments via the Federal Circuit’s YouTube channel. This month, four cases scheduled for oral argument attracted amicus briefs. Here’s what you need to know about these four cases.

Four cases being argued at the Federal Circuit in October attracted amicus briefs. One of these cases is Arlton v. AeroVironment, Inc. In this patent case, Paul and David Arlton seek reversal of a district court’s summary judgment ruling “that Plaintiffs’ claim for patent infringement is barred by [28 U.S.C.] § 1498,” as well as reversal of a denial of their motion for leave to file a first amended complaint. This is our argument preview.