FedCircuitBlog

As we reported earlier today, a Federal Circuit panel this morning issued a precedential order in VirnetX Inc. v. Cisco Systems, Inc. The order is important. It highlights the potential reach of the Federal Circuit’s decision earlier this year in Arthrex, Inc. v. Smith & Nephew, Inc. Indeed, it suggests that Administrative Patent Judges are unconstitutionally appointed with respect to every aspect of their work: not just inter partes reviews, and not just inter partes reexaminations, but also everything else, including ex parte reexaminations, covered business method review, and ex parte appeals.

This morning the Federal Circuit issued a precedential opinion in a patent case and a nonprecedential order unsealing it; two precedential orders in a patent case denying panel and en banc rehearing respectively; and nonprecedential opinions in a veterans case, two patent cases, and a tax case. Here are the introductions to the opinions and text from the orders.

Here is a report on recent news and commentary related to the Federal Circuit and its cases. In Romag Fasteners, Inc. v. Fossil, Inc., the Supreme Court vacated a judgment of the Federal Circuit, holding unanimously that trademark owners do not have to show an infringer’s willfulness as a precondition to a profits award. In an April report, Adjusting to Alice, the USPTO claims that the guidance it provided after the Alice decision decreased the unpredictability of patent examination. On Law.com, Scott Graham suggests that the Federal Circuit could soon reconsider its decision in Arista Networks v. Cisco Systems.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include two responses to a petition raising questions related to prosecution history estoppel; one amicus brief in a case raising questions related to venue; and the denial of three petitions related to attorney’s fees, transfer, and Arthrex-related arguments. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include four new petitions, three of which related to Arthrex and another related to obviousness, two responses to petitions raising questions related to the statutory experimental use exception and obviousness, and the denial of three petitions. Here are the details.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. There is no news to report on granted cases and no new petitions were filed. However, four new reply briefs in support of petitions were filed, and the Supreme Court did deny four previously-filed petitions. Here are the details.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. Highlights include one new petition regarding Covered Business Method review of patents, a reply brief and two amicus briefs in support of a petition related to patent damages and the impact of USPTO invalidations of patents on pending infringement litigation, and another reply brief in favor of a petition related to patent eligibility. Here are the details.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. It was another quiet week at the Supreme Court, with only one new petition, one brief, and four denials of petitions.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. In stark contrast to last week, it was a rather quiet week at the Court. Highlights include an additional amicus brief in Google LLC v. Oracle America, Inc., two responses to petitions, and one denial of a petition.

This morning the Federal Circuit issued three Rule 36 judgments. Here is a list of the judgments.