FedCircuitBlog

On February 10, the Federal Circuit heard oral arguments in C.R. Bard, Inc. v. Medical Components, Inc., a patent case that includes both an appeal and a cross-appeal. In the appeal, the Federal Circuit is reviewing a determination by a district court that Bard’s patent claims are directed to patent-ineligible printed matter under 35 U.S.C. § 101 and, moreover, lack an inventive concept. With respect to the cross-appeal, the court will similarly consider whether MedComp’s patent claims are ineligible. The panel hearing the oral argument included Judges Chen, Wallach, and Hughes. This is our argument recap.

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

• a blog post about a Federal Circuit decision finding “an isolated form of vitamin B3″ to be “unpatentable subject matter under Section 101”;
• an article about Optis Cellular urging the Federal Circuit “not to reverse a Texas federal jury’s nine-figure infringement judgment against Apple, Inc.”; and
• another article about the Federal Circuit “reviv[ing] a long-running infringement lawsuit Bard brought against Pennsylvania-based Medical Components Inc.”

This morning the Federal Circuit released three precedential opinions. In the first, the court vacated a preliminary injunction and remanded a patent case appealed from the District of Nebraska. In the second, the Federal Circuit affirmed a judgment in a government contract case appealed from the Court of Federal Claims.  In the third, the Federal circuit affirmed a judgment in a patent case appealed from the Western District of Tennessee. The Federal Circuit also released two nonprecedential opinions. In the first, the court reversed-in-part, vacated-in-part, and remanded a patent case appealed from the District of Utah. In the second, the Federal Circuit affirmed another judgment in a patent case, this one appealed from the Southern District of Indiana. Here are the introduction to the opinions.

This week is Court Week at the Federal Circuit. In total, the court will convene eleven panels to consider 48 cases this week and on Tuesday of next week. Of these 48 cases, the court will hear oral arguments in 35. The Federal Circuit is providing access to live audio of these arguments via the Federal Circuit’s YouTube channel. Of the argued cases, three cases attracted amicus briefs. Two are appeals of judgments of patent ineligibility, and one is an appeal of an order to request the Food and Drug Administration to remove (or “delist”) a patent from the FDA’s so-called Orange Book. Here’s what you need to know about these three cases.

Three cases being argued in February at the Federal Circuit attracted amicus briefs. One of those cases is C.R. Bard, Inc. v. Medical Components, Inc., a patent case that includes both an appeal and a cross-appeal. In this case, the Federal Circuit will review a determination by a district court that Bard’s claims are directed to patent-ineligible printed matter under 35 U.S.C. § 101 and, moreover, lack an inventive concept. With respect to the cross-appeal, the court will similarly consider whether MedComp’s claims are ineligible. This is our argument preview.

Here is this month’s update on activity in cases pending before panels of the Federal Circuit where the cases involve at least one amicus brief. We keep track of these cases in the “Other Cases” section of our blog. Today, with respect to these cases we highlight a disposition in a veterans case, two new patent cases that attracted amicus briefs, and a reply brief in a patent case. Here are the details.

This morning the Federal Circuit issued two nonprecedential opinions in patent cases appealed from the United States Patent and Trademark Office, a nonprecedential order denying a petition for writ of mandamus along with a concurring opinion by Judge Reyna, and one Rule 36 judgment. Here are the introductions to the opinions and order and a link to the Rule 36 judgment.

• Printed Matter Is Patentable If It’s Functional, Not Just Communicative – Bard’s suit of patent infringement by AngioDynamics may continue after the Federal Circuit reversed the lower court’s finding of non-infringement and invalidity.
• Functional claiming in the aftermath of Williamson – Analyses of means plus function limitations have shifted more than anticipated in the past few years following the Federal Circuit’s decision in Williamson v. Citrix Online LLC.
• Federal Circuit Considers CBM Review Under Thryv on Remand from SCOTUS – The Federal Circuit affirmed in SIPCO, LLC v. Emerson Electric that the decision to institute a covered business method (“CBM”) review cannot be reviewed based on Supreme Court precedent.

Here’s the latest.

This morning, the Federal Circuit issued a nonprecedential errata. Here is the text of the errata.

This morning, the Federal Circuit issued two precedential opinions in patent cases. The court also issued three nonprecedential opinions: one in a case involving an appeal from the Merit Systems Protection Board, one in a trade case, and one in a veterans case. Finally, the court issued four Rule 36 judgments. Here are the introductions to the opinions and a list of the Rule 36 judgments.