News

Recent News on the Federal Circuit

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

  • an article addressing some of “the biggest patent decisions so far this year”;
  • another article discussing how the Federal Circuit found that an “[a]ttorney improperly represented clients while [he was a] Navy employee”; and
  • a blog post noting how “[i]n a new opinion the [Federal Circuit] asked and answered an interesting question: What if most on-point prior art was accidentally created due to a typographical error?” 
Read More
En Banc Activity / Petitions

Recent En Banc Activity

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 ­­means-plus-function limitations and transfers. The court also denied five petitions for rehearing raising issues including the standard for granting a motion to seal court records, choice of law, estoppel arising from inter partes review, and claim construction. Here are the details.

Read More
Opinions

Opinions & Orders – May 10, 2022

This morning the Federal Circuit released four nonprecedential opinions in two veterans cases, a case appealed from the Court of Federal Claims, and a case appealed from the Merit Systems Protection Board. The court also released a nonprecedential order granting a joint motion to dismiss and two nonprecedential orders granting petitions to withdraw petitions. Here are the introductions to the opinions and text from the orders.

Read More
En Banc Activity / Petitions

Recent En Banc Activity

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.

Read More
News

Recent News on the Federal Circuit

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

  • an article explaining how the Federal Circuit recently affirmed a judgment of the Eastern District of Texas, which dismissed a complaint based on ineligibility of the asserted patent claims;
  • another article detailing how the Federal Circuit released a corrected decision that provides clarity on the question of estoppel based on inter partes review; and
  • a third article assessing how “[e]x parte reexaminations have re-emerged as an increasingly important component of patent litigation and licensing negotiations.”
Read More
News

Recent News on the Federal Circuit

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

  • a blog post discussing how, in a patent case addressing venue, “the Federal Circuit delved into franchise law — holding that independently owned and operated VW/Hyundai car dealerships located in the W.D. Texas do not count as a ‘place of business’ of the car distributors”; and
  • an article analyzing how the Federal Circuit recently “affirm[ed] decisions by [the] International Trade Commission [and] patent board” in cases involving computer-chip patents.
Read More
Opinions

Opinions & Orders – March 8, 2022

This morning the Federal Circuit issued a precedential opinion in consolidated patent cases appealed from the International Trade Commission and Patent Trial and Appeal Board. The court also issued a nonprecedential opinion in a veterans case appealed from the Court of Appeals for Veterans Claims. Here are the introductions to the opinions.

Read More
News

Recent News on the Federal Circuit

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

  • an article analyzing Judge Stark’s 2018 ruling as a district judge in an important patent eligibility case and how it might portend his analysis of patent eligibility as a judge on the Federal Circuit; and
  • a blog post and an article discussing how the Federal Circuit recently addressed estoppel as a result of inter partes review.
Read More
Opinions

Opinions & Orders – February 22, 2022

This morning the Federal Circuit issued two precedential opinions in related cases appealed from the Court of Federal Claims. The first opinion addresses standing to bring takings claims against the Federal Housing Finance Agency. The second opinion also addresses standing but also subject matter jurisdiction. The Federal Circuit also issued a nonprecedential opinion in an employment case appealed from the Merit Systems Protection Board. Finally, the court issued an erratum. Here are the introductions to the opinions and a link to the erratum.

Read More
News

Recent News on the Federal Circuit

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

  • an article discussing how “[t]he U.S. Senate confirmed Judge Leonard Stark to the Federal Circuit, the nation’s top patent court”;
  • another article similarly discussing how “Judge Leonard Philip Stark was confirmed by the U.S. Senate yesterday to be the next judge on the U.S. Court of Appeals for the Federal Circuit, replacing Judge Kathleen O’Malley”;
  • an article discussing how “Teva struck out . . . in its effort to convince a U.S. appeals court to rehear its arguments for undoing a $235 million verdict for GlaxoSmithKline”; and
  • yet another article explaining how recently the “Federal Circuit [effectively] clamp[ed] down on post IPR invalidity arguments.”
Read More