FedCircuitBlog

Here is an update on recent en banc activity at the Federal Circuit. In the only pending en banc case, a veterans case, the appellant filed his en banc reply brief and the court scheduled the oral argument to occur in February. We will post an argument preview prior to the oral argument. As for petitions for rehearing en banc in patent cases, the court received two new petitions raising questions relating to the standard for enhanced damages and the Federal Circuit’s jurisdiction. The court also received responses to two petitions raising questions related to the inducement doctrine’s interaction with the Hatch-Waxman Amendments and the notice required to collect damages for infringement. Finally, the court denied three petitions raising questions related to the interpretation of a forum selection clause, a writ of mandamus, and comparable licenses and royalty calculations, and another petition in a pro se case. Here are the details.

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

• an article detailing the Federal Circuit’s grant of a petition for a writ of mandamus “[i]n its latest rebuke of Judge Alan Albright’s approach to motions to transfer cases out of his court”;
• another article focusing on how the Federal Circuit ruled that a “suit alleging that a Fujifilm subsidiary infringed its patent on an interface for digital mammography” may proceed;
• a blog post discussing how “[w]illful patent infringement can result in enhanced, and in some case treble, damages but not in every instance”; and
• another article noting that the Federal Circuit “affirmed the denial of a preliminary injunction that would have forced the accused infringer to seek dismissal of its petitions for inter partes review.”

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

• a blog post discussing how, “in many IP cases involving foreign defendants,” circumventing Article 5 of the Hague Convention may provide a “sense of victory [that] might be premature”;
• an article addressing “whether portfolio patent licenses can be sufficiently comparable to a single-patent license for the purposes of supporting a patent damages verdict”;
• another blog post detailing the Federal Circuit’s clarification of “the distinction between conduct warranting enhanced damages and the lesser standard of willful infringement”; and
• a report about how the Federal Circuit “revived a military security contractor’s bid for reimbursement of a penalty charged by Afghanistan’s government.”

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to the Supreme Court’s October 2021 term, which began this week, the Court still has not granted any petitions in cases decided by the Federal Circuit. Since our last update, however, two new petitions have been filed with the Court: one in a veterans case and one filed by a pro se petitioner. As for previously filed petitions, one brief in opposition and two waivers of right to respond were filed. Finally, the Court denied 22 petitions following its first conference of the new term. Here are the details.

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

• a blog post explaining how a company that was “denied institution on three inter partes review (IPR) petitions . . . could not simply ‘repackage’ arguments raised in its IPR petition to challenge the same patent via ex parte reexamination”;
• an article discussing how “[t]he U.S. Court of Appeals for the Federal Circuit keeps on laying down rules of the road for U.S. District Judge Alan Albright of the Western District of Texas when it comes to transferring cases to California”;
• a post discussing whether a recent Federal Circuit opinion “may be hinting that willful blindness isn’t enough, by itself, for willful [patent] infringement”; and
• another blog post noting tension between how the Federal Circuit reviews the Patent Trial and Appeal Board and its own practice with respect to Rule 36 summary affirmances.

This morning the Federal Circuit issued a precedential opinion in a patent case appealed from the U.S. District Court for the District of Delaware. The opinion addresses issues related to willful infringement, enhanced damages, and attorney fees. Here is the introduction to the opinion.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to the Supreme Court’s October 2021 term, the Court still has not granted any petitions in cases decided by the Federal Circuit. Since our last update, moreover, no new petitions have been filed with the Court. As for pending petitions, though, four new reply briefs and two waivers of right to respond were filed. Here are the details.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. Currently, with respect to the Supreme Court’s October 2021 term, the Court has not granted any petitions in cases decided by the Federal Circuit. As for pending petitions, since our last update three new petitions were filed in patent cases addressing eligibility, procedure in inter partes review proceedings, and the printed publication category of prior art. Additionally, the Court requested responses to two pending petitions involving challenges to the use of administrative patent judges under the Appointments Clause. Here are the details.

This morning, the Federal Circuit issued two precedential opinions in patent infringement cases, along with four Rule 36 summary affirmances of appeals of judgments of the Patent Trial and Appeal Board. Here are the introductions of the opinions and a list of the summary affirmances.

This morning, the Federal Circuit released a precedential opinion in a government contracts case concerning disaster-assistance funds distributions from FEMA. The court also released six nonprecedential opinions in patent cases. Here are the introductions to the opinions.