FedCircuitBlog

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court denied two petitions for rehearing raising questions related to the Federal Vacancies Reform Act, grounds for inter partes review, and the ability of a Federal Circuit panel to nullify or render advisory an earlier judgment of the court. 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 “[a] recent ruling opened the door for an administrative patent tribunal to wipe out certain Federal Circuit decisions, which may entice the full federal appeals court to grant a rare re-hearing request”;
• another article addressing “steps to secure and safeguard US patents for AI-assisted inventions” following the Federal Circuit’s decision in Thaler v. Vidal; and
• a third article asserting that “[i]nventors who revise a patent to overcome an examiner’s finding that the claims are not patent-eligible cannot later walk back those changes through the reissue process.”

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 an update on recent en banc activity at the Federal Circuit in patent cases. The court invited 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 denied a petition raising questions related to transfers of cases. 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 examining “whether, when it comes to questions about patent venue, the Federal Circuit is really in the pocket of big tech”;
• another blog post highlighting how, “[i]n a far cry from usual textualism,” the Supreme Court affirmed a Federal Circuit decision in a veterans case; and
• an article discussing an en banc petition that argues that “a recent split Federal Circuit panel decision gives the Patent Trial and Appeal Board the improper authority to overturn circuit court decisions.”

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 a recent Federal Circuit opinion “stands as an important warning” to patent holders who send notice letters;
• another article addressing the Federal Circuit’s split in an “unusual” case concerning the Federal Circuit’s jurisdiction to review decisions of the Patent Trial and Appeal Board; and
• a third article addressing a recent Federal Circuit case that “clarifies the scope of incorporation by reference” in government contracts.

This morning the Federal Circuit released two precedential opinions. The first comes in a patent case appealed from the Patent Trial and Appeal Board. Notably, Judge Newman dissented, disagreeing with the majority’s decision to dismiss the case for lack of jurisdiction. The second comes in a case appealed from the Court of Federal Claims. In this case, the Federal Circuit reverses the Court of Federal Claims’ dismissal and remands the case. The Federal Circuit also released a nonprecedential opinion in a veterans case appealed from the Court of Appeals for Veterans Claims. Finally, the court issued two nonprecedential orders and two Rule 36 judgments. Here are the introductions to the opinions, text from the orders, and links to the Rule 36 judgments.

This morning, the Federal Circuit issued one nonprecedential opinion in a patent case. Here is the introduction to the opinion.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. As for merits cases, highlights include an oral argument and a slew of amicus briefs, respectively, in two cases. As for petitions, only one new petition was filed, and just a handful of response and reply briefs were filed. The Supreme Court, however, denied petitions in a large number of cases, including most notably in Athena, Hikma, and HP, as we previously discussed. Here are the details.