FedCircuitBlog

This morning, the Federal Circuit released three opinions: a precedential opinion in a patent case addressing claim construction, a nonprecedential opinion in a pro se case addressing disability retirement pay, and a nonprecedential opinion in another pro se case. Here are the introductions to the opinions.

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

• an article discussing comments Judge Newman made in a recent interview regarding the ongoing dispute regarding her fitness to serve as a judge;
• an article covering statements made by Andrei Iancu, the former head of the U.S. Patent and Trademark Office, and former Federal Circuit Judge Kathleen O’Malley, who both recently joined Sullivan & Cromwell; and
• a blog post about how a recent Federal Circuit decision “zeroes in on the motivation-to-combine analysis” and allegedly provides more clarity on what makes a proper obviousness analysis as a whole.

This morning, the Federal Circuit released a precedential opinion in a patent case. In it, the court vacated and remanded a Patent Trial and Appeal Board judgment that challenged claims were not unpatentable for obviousness. The court also released three nonprecedential orders, two dismissing appeals for untimeliness and one dismissing an appeal for failure to prosecute. Here is the introduction to the opinion, text from the dismissals for untimeliness, and a link to the dismissal for failure to prosecute.

This morning, the Federal Circuit released a precedential opinion in a patent case addressing co-inventorship. The court also released four nonprecedential opinions, one in a patent case and three in pro se cases. Additionally, the court released five nonprecedential orders granting summary affirmance and an erratum. Here are the introductions to the opinions and links to the judgment, summary affirmances, and the erratum.

This morning the Federal Circuit released one precedential opinion and two nonprecedential opinions. The precedential opinion comes in a patent case appealed from the Eastern District of Texas. In it, the Federal Circuit affirmed the district court’s determination that a patent is unenforceable based on prosecution laches. Notably, Judge Stark filed a dissenting opinion. The two nonprecedential opinions come in separate patent cases appealed from the Patent Trial and Appeal, both involving the same parties. In each opinion, Judge Lourie filed additional views and Judge Stark filed a concurring opinion, both addressing the argument the Supreme Court overruled the Federal Circuit’s approach to obviousness with respect to design patents. Late yesterday and this morning, the Federal Circuit also released six nonprecedential orders dismissing appeals. Here are the introductions to the opinions and links to the dismissals.