FedCircuitBlog

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today we highlight:

• a blog post suggesting the Federal Circuit “established an important precedent regarding inherent disclosure and implicit claim construction” in a recent opinion issued in an appeal from an inter partes review proceeding;
• an article describing how the Federal Trade Commission is calling “on Teva, Novartis, Mylan and other drugmakers” to “remove patents from a key federal database that partially insulates their drugs from generic competition”;
• a report discussing a recent petition for en banc rehearing that argues a Federal Circuit opinion related to the domestic industry requirement for establishing jurisdiction of the International Trade Commission “overlooks the cardinal rule that statutory language must be read in context”; and
• an article discussing how “[t]welve states . . . urged a federal court to strike down President Donald Trump’s sweeping taxes on imports.”

Today, the Federal Circuit released two opinions in patent cases. In the first opinion, which is precedential, the Federal Circuit reverses a decision of the Patent Trial and Appeal Board not to hold any claims unpatentable and remands the case for further consideration. In the second opinion, which is nonprecedential, the Federal Circuit affirms another decision of the Patent Trial and Appeal Board to hold some claims not unpatentable and another claim unpatentable and vacates and remands its decision to hold other claims not unpatentable. Here are the introductions to the opinions.