Petitions / Supreme Court Activity

Recent Supreme Court Activity

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, there is no new activity to report since our last update. With respect to petitions, one new petition was filed with the Court in a patent case raising a question related to inter partes review estoppel; a brief in opposition was submitted in another patent case raising a question related to patent eligibility; the government waived its right to respond to a petition filed in a pro se case; and two reply briefs were submitted in patent cases addressing so-called “skinny labelling” and the written description requirement. Here are the details.

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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?” 
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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.

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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.”
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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.
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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.”
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Opinions

Opinions & Orders – February 4, 2022

This morning the Federal Circuit released three precedential opinions in patent cases and one nonprecedential opinion in a trademark case. In the first precedential opinion, the court affirmed invalidity decisions of the Patent Trial and Appeal Board in inter partes review proceedings. In the second precedential opinion, the court affirmed-in-part, reversed-in-part, vacated-in-part, and remanded the latest appeals involving Apple and Wi-LAN. In the third precedential opinion, the court affirmed-in-part, vacated-in-part, and remanded an appeal in a case pitting the California Institute of Technology against Broadcom Ltd. Notably, Judge Dyk concurred-in-part and dissented-in-part from the majority’s holding. Finally, in the court’s nonprecedential opinion it affirmed the cancelation of a trademark registration. Notably, Judge Cunningham authored the nonprecedential opinion, her first for the court. Here are the introductions to the opinions.

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