FedCircuitBlog

• Federal Circuit Keeps Expanding Appointments Decision – The Arthrex, Inc. v. Smith & Nephew, Inc. decision was broadened to also encompass ex parte appeals according to the Federal Circuit’s precedential ruling in In re Boloro Global Ltd. on Tuesday.
• BofA’s $173M Refund Suit Belongs In Claims Court – The Federal Circuit vacated and remanded Bank of America Corp. v. United States to the Court of Federal claims because the district court lacked standing under Section 1346(a)(1) of the U.S. Judicial Code.
• Fitbit Given Another Shot At Nixing Biometrics Patent – Fitbit, pursuant to the Federal Circuit’s precedential opinion in Fitbit, Inc. v. Valencell, Inc., was granted a second chance to invalidate all of Valencell’s claims because of an erroneous standing ruling by the PTAB.

Here’s the latest.

About once a month we provide an update on activity in important patent cases. In particular, we keep track of patent cases pending before panels of the Federal Circuit, where the cases involve at least one amicus brief. We also keep track of non-patent cases that attract amicus briefs, but only once those cases have been scheduled for oral argument. Finally, we also highlight panel cases we find important. You can find all of these cases in the “Other Cases” section of our blog. Today, with respect to these cases, we highlight two patent cases with new briefing, an argument recap in the only such case argued in April, and three upcoming oral arguments in these cases. Here are the details.