FedCircuitBlog

This morning, the Federal Circuit released one precedential opinion, two nonprecedential opinions, and one nonprecedential order. The precedential opinion comes in a patent case and addresses an appeal from a district court’s judgment that claims are invalid for lack of enablement. One of the two nonprecedential opinions stems from another patent case where the Patent Trial and Appeal Board found numerous claims unpatentable. The second nonprecedential opinion addresses an appeal from a judgment of the Merit Systems Protection Board. The order dismisses an appeal. Here are the introductions to the opinions and a link to the order.

This morning, the Federal Circuit issued precedential opinions in two patent cases, the first addressing infringement, enablement, damages, and willfulness, and the second addressing sanctions. The court also issued a nonprecedential opinion in another patent case, this opinion addressing motions to exclude expert testimony. Here are the introductions to the opinions.

• Federal Circuit’s O’Malley: Supreme Court doesn’t have stomach for another 101 case – Federal Circuit Judge Kathleen O’Malley recently expressed concern over whether the Supreme Court will address patentable subject matter.
• An Argument for Mandatory Production of Limited Secondary Consideration Evidence by Petitioners in Inter Partes Reviews – Kristin Doyle advocates for the Patent Trial and Appeals Board to adopt the same approach to secondary consideration evidence as the Federal Circuit
• What We Learned About Biologics on Summer Vacation – Broad claim construction, licensing, and antitrust concerns have been among the trends for cases involving biologics at the Federal Circuit.

Here’s the latest.

• Inventorship as the Wind Blows – The Federal Circuit’s decision in Egenera, Inc. v. Cisco Systems, Inc. vacated the invalidation of a data center technology patent despite the patent not listing all inventors.
• Baxalta Wins New Try at Hemophilia Drug Patent Infringement Suit – Baxalta can revive its infringement claims following the Federal Circuit’s ruling that the lower court misconstrued two key terms within the patent.
• Federal Circuit Affirms Dismissal of Patent Infringement Complaint Under Res Judicata – The Federal Circuit held that res judicata did apply to a patent infringement case as a previous case with the same claims was dismissed for noninfringement, not on procedural grounds.

Here’s the latest.

This morning the Federal Circuit issued a precedential opinon in a contract case, two precedential opinions in patent cases, one precedential opinion in a veterans case, and two nonprecedential opinions in patent cases. Here are the introductions to the opinions.