FedCircuitBlog

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Since our last update, the Federal Circuit has invited a response to a petition raising a question related to claim construction and preambles; one new response has been filed to a petition that raises a question related to the presumption of validity and the written description requirement; and three petitions for en banc rehearing have been denied in cases raising questions related to ineligibility, claim construction, and prosecution history estoppel. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit. Since our last update, with respect to granted petitions we have posted an opinion summary for a government contract case and an argument recap for a case addressing federal personnel law. With respect to pending petitions, two new petitions for en banc rehearing have been filed, one raising a question related to claim construction and one a question related to prosecution history estoppel. The Federal Circuit also denied petitions for en banc rehearing in two patent cases, one raising a question related to patent eligibility and one raising questions related to Federal Rule of Civil Procedure 52. Here are the details.

This morning, the Federal Circuit released an errata to a precedential opinion. Here is a link to the errata.

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

• an article highlighting how the “U.S. Patent and Trademark Office urged the Federal Circuit on Friday to reject allegations that its handling of policies governing Fintiv-based discretionary denials violates due process”;
• a blog post discussing how the Federal Circuit “reversed a $106 million jury verdict” in “a decision that broadens the reach of prosecution history estoppel (and thus limits doctrine of equivalents)”; and
• an article suggesting that the Federal Circuit “took an important initial step toward recalibration” when it “mandated the retrial of a $20 million damages ruling in EcoFactor, Inc. v. Google LLC.“

Late yesterday, the Federal Circuit released s nonprecedential order dismissing an appeal. This morning, the Federal Circuit released s precedential opinion in a patent infringement case appealed from the Central District of California. The Federal Circuit also released two nonprecedential opinions, one in a case appealed from the Court of Appeals for Veterans Claims and one in a case appealed from the Court of Federal Claims. Finally, the Federal Circuit released four nonprecedential orders, two denying petitions for writs of mandamus, one remanding a settled case, and one dismissing an appeal. Here are the introductions to the opinions and orders and links to the dismissals.

This morning, the Federal Circuit released one nonprecedential opinion and three nonprecedential orders. The opinion addresses an appeal from a judgment of the Patent Trial and Appeal Board and attends to arguments related to claim construction and the determination of analogous art for purposes of a nonobviousness analysis. The orders are dismissals. Here is the introduction to the opinion and links to the orders.