FedCircuitBlog

Here is an update on recent en banc activity at the Federal Circuit. In a pending en banc case raising questions related to whether on-the-job exposure to the recent novel coronavirus entitled federal correctional officers to additional pay pursuant to various federal statutes, the government filed its en banc response brief, and the Federal Circuit scheduled the case for oral argument in December. The court also invited responses to two petitions raising questions related to assignor estoppel and inter partes review estoppel. Finally, the court granted panel rehearing and denied rehearing en banc in response to a petition raising questions related to the process and standard for determining indefiniteness. Here are the details.

This morning the Federal Circuit released two precedential opinions. The first comes in a patent case appealed from the Western District of Washington. In its opinion, the Federal Circuit affirms the district court’s invalidation of patent claims based on subject matter eligibility; notably, Judge Stoll dissented in part. The second comes in another patent case appealed from the Northern District of California. In this opinion, the Federal Circuit reverses the district court’s finding of invalidity based on indefiniteness; notably, Judge Dyk dissented. The Federal Circuit also released three nonprecedential opinions. The first and second come in veterans cases appealed from the Court of Appeals for Veterans Claims; the third comes in a case appealed from the Merit Systems Protection Board. Here are the introductions to the opinions.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received four new responses to petitions raising questions related to choice of law, forum selection clauses, and injunctive relief; the process and standard for determining indefiniteness; and the standard for granting a motion to seal court records. The court also denied two petitions raising questions related to the on sale bar and claim construction. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received three new petitions raising questions related to estoppel arising from inter partes review, the legal standard for overruling prior precedential decisions, claim construction, and the standard for the Patent Trial and Appeal Board to evaluate substitute claims and a motion to amend claims. The court also invited responses to four petitions raising questions related to the presumption of nexus in a non-obviousness analysis; the process and standard for determining indefiniteness; and choice of law, forum selection clauses, and injunctive relief. Finally, the court denied a petition raising questions related to the assignment of patents and standing. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received a new petition raising questions related to the process and standard for determining indefiniteness. The court also received an amicus brief in support of a petition raising questions related to the standard for granting a motion to seal court records. Finally, the court received a reply in support of a motion to expedite issuance of the mandate in a case raising questions related to choice of law, forum selection clauses, and injunctive relief. 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 “assessing responses to the PTO’s 2021 patent eligibility study”;
• another blog post explaining how the Federal Circuit vacated and remanded an International Trade Commission decision in a patent case based on an abuse of discretion in admitting expert testimony;
• an article discussing how the Federal Circuit recently reversed a decision of the United States District Court for the Northern District of California to invalidate patent claims for indefiniteness; and
• another article detailing how “Qualcomm Inc. convinced the Federal Circuit that the U.S. Patent and Trademark Office improperly invalidated parts of its semiconductor patent based on admissions made in the patent itself.”

This morning the Federal Circuit issued a precedential opinion in a patent case appealed from the Northern District of California. The opinion reversed the district court’s determination that certain patent claims were invalid as indefinite. The Federal Circuit concluded the district court erred with respect to the legal standard for indefiniteness. Notably, Judge Dyk dissented. Here are the introductions to the opinion and dissent.