FedCircuitBlog

This morning, the Federal Circuit released a precedential opinion in a patent case appealed from the Patent Trial and Appeal Board. The Federal Circuit also released nonprecedential opinions in three other patent cases, two in cases appealed from the Patent Trial and Appeal Board and one in a case appealed from the Southern District of Ohio. Finally, the Federal Circuit released a nonprecedential order dismissing an appeal from a judgment of the Merit Systems Protection Board. Here are the introductions to the opinions, along with a link to the dismissal.

• Challenging Therapeutics IP After Fed. Circ. Drink Can Ruling – Issued on the last day of 2020, the Federal Circuit’s opinion in Ball Metal Beverage Container Corp. v. Crown Packaging Technology Inc., raises important considerations for patent challengers alleging the indefiniteness of measurement claim terms that describe pharmacologic or physicochemical properties of an invention.
• Apple Transfer Win Survives Bid for Full Federal Circuit Review – The Federal Circuit denied a petition for an en banc review of an earlier decision that enabled Apple to transfer its case to the Northern District of California.
• Federal Circuit Says PTAB Failed to Provide Proper Notice to IPR Respondent of Anticipation Theory – A recent Federal Circuit decision held that the Patent Trial and Appeal Board erred in finding a claim anticipated by prior art even though the petition for inter partes review had only asserted obviousness as to the claim.  

Here’s the latest.

This morning, the Federal Circuit issued five nonprecedential opinions in patent cases. The opinions address ineligibility, mootness, claim construction, indefiniteness, and a sua sponte grant of summary judgment of noninfringement. Here are the introductions to the opinions.