FedCircuitBlog

Late last month, the Federal Circuit issued its opinion in Jiaxing Super Lighting Electric Appliance, Co. v. CH Lighting Technology Co., a patent infringement case we have been tracking because it attracted an amicus brief. In this case, the Federal Circuit reviewed a judgment of the Western District of Texas, which granted a partial judgment as a matter of law that asserted patents are not invalid and entered judgment on a jury verdict of infringement and no invalidity. The panel, consisting of Judges Dyk, Chen, and Hughes, affirmed the jury’s verdict as to one of the patents, reversed the districts court’s JMOL that two of the asserted patents were not invalid, vacated the damages award, and remanded the case for a new trial on the validity of two of the asserted patents and damages for all three patents. This is our opinion summary.

This morning, the Federal Circuit released a precedential opinion in a patent case appealed from the District of Delaware and a nonprecedential opinion in another patent case appealed from the Southern District of California. The Federal Circuit also released an errata in a patent case decided in late July and a nonprecedential order dismissing an appeal. Here are the introductions to the opinions and links to the errata and dismissal.

Here is an 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 two new opinions, one in a patent infringement case and one in a takings case. We also highlight two recent oral arguments in two patent cases, a new reply brief filed in another patent case, and a new amicus brief in another patent case. Here are the details.

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

• an article discussing how “[t]he Justice Department scrambled on Thursday to defend the legality of President Trump’s sweeping tariffs, just one day before he is set to expand his highly contested global trade war with new duties on America’s closest trading partners”;
• a post highlighting how “Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart dismissed most of the 50 petitions for inter partes review addressed in her latest decisions over discretionary denials”;
• a piece describing how the “full Federal Circuit on Friday rejected by an 8-2 vote Groupon Inc.’s request to reconsider its February decision reviving a patent monetization firm’s Delaware infringement suit against the e-commerce site”; and
• a blog post examining how a recent Federal Circuit decision “represents the first significant application of the court’s recent en banc EcoFactor decision to patent damages expert testimony.”

This morning, the Federal Circuit released two precedential opinions, one in a patent case appealed from the Western District of Texas and one in a trade case appealed from the Court of International Trade. The Federal Circuit also released a nonprecedential opinion in a patent case appealed from the Middle District of Florida. Here are the introductions to the opinions.

Earlier this month, the Federal Circuit heard oral argument in Jiaxing Super Lighting Electric Appliance, Co. v. CH Lighting Technology Co., a patent infringement case we have been tracking because it attracted an amicus brief. In this case, the Federal Circuit is reviewing a judgment of the Western District of Texas, which granted a partial judgment as a matter of law that asserted patents were not invalid and entered judgment on a jury verdict of infringement and no invalidity. Judges Dyk, Chen, and Hughes heard the argument. This is our argument recap.

This week is Court Week at the Federal Circuit. The court will convene 12 panels to consider 67 cases. Of the 67 cases, the court will hear oral arguments in 50 cases. The Federal Circuit is providing access to live audio of these arguments via the Federal Circuit’s YouTube channel.  Notably, half of the panels will convene in and around San Francisco. These panels will take place at the University of California, Berkeley School of Law; the University of California College of the Law, San Francisco; Stanford Law School; Santa Clara University School of Law; and the San Francisco and San Jose locations of the United States District Court for the Northern District of California. The remaining six panels will convene at the Federal Circuit in Washington, DC. This month, three cases scheduled for oral argument attracted amicus briefs. Here’s what you need to know about these three cases.

There are three cases that will be argued in October at the Federal Circuit that attracted amicus briefs. One of those cases is Jiaxing Super Lighting Electric Appliance, Co. v. CH Lighting Technology Co., a patent infringement case. In this case, the Federal Circuit will review a judgment of the Western District of Texas, which granted a partial judgment as a matter of law that asserted patents are not invalid and entered judgment on a jury verdict of infringement and no invalidity. This is our argument preview.

Here is an 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 two recent opinions in cases that attracted amicus briefs: one a patent case and one a trade case; three new cases we have identified that attracted amicus briefs: a takings case, a trademark case, and a veterans case; and new briefing in several cases that previously attracted amicus briefs: a new response brief in a patent case, two new reply briefs in patent cases, and supplemental briefing in a pro se case. Here are the details.

Here is an 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 new patent case, a reply brief in another patent case, oral arguments in a takings case and a pro se case, and an opinion in a patent case. Here are the details.