Opinions

Opinions & Orders – October 14, 2022

This morning the Federal Circuit released a nonprecedential opinion in a patent case appealed from the Central District of California. The Federal Circuit also released two Rule 36 judgments. Here is the introduction to the opinion and links to the Rule 36 judgments.

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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:

  • a blog post assessing whether Section 1052(c) of the Lanham Act is “a “First Amendment-free zone”;
  • an article analyzing Cellspin Soft’s challenge of the U.S. Patent and Trademark Office’s denial of “Director review following a pair of inter partes review (IPR) proceedings”;
  • another article discussing the Federal Circuit’s affirmation of a Patent Trial and Appeal Board ruling “that certain claims were invalid as anticipated by an earlier priority application from the same family”; and
  • yet another article explaining how the Trademark Trial and Appeal Board determined that “[a] trademark registration applicant can’t register a mark for a business that is in the ‘nascent stage.’”
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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. As for merits cases, highlights include an oral argument and a slew of amicus briefs, respectively, in two cases. As for petitions, only one new petition was filed, and just a handful of response and reply briefs were filed. The Supreme Court, however, denied petitions in a large number of cases, including most notably in Athena, Hikma, and HP, as we previously discussed. Here are the details.

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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. Highlights include the reply brief on the merits in Romag Fasteners, Inc. v. Fossil, Inc., four new petitions (two in patent cases and two in veterans cases), two responses to petitions (both related to patent eligibility), three reply briefs in support of petitions (in one patent case and two veterans cases), and supplemental briefs and a letter to the court in five cases as a result of the government’s amicus briefs related to patent eligibility in Hikma Pharmaceuticals USA Inc. v. Vanda Pharmaceuticals Inc. and HP Inc. v. Berkheimer. Here are the details.

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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. This week six new petitions were filed, along with a response to a petition and a reply in support of a petition. The Court denied one petition. Here are the details.

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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.

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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. Of the six pending merits cases, there was no new activity. Three new petitions, however, were filed, along with a supplemental brief, two response briefs, and an amicus brief.

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