Opinions

Opinions & Orders – September 15, 2023

Today, the Federal Circuit released one precedential opinion and two nonprecedential orders. The opinion vacates a non-infringement judgment in a patent case and remands for further proceedings. Interestingly, the Federal Circuit previously vacated a summary judgment of infringement in the same case. The nonprecedential orders each grant unopposed motions for voluntary dismissals. Here is the introduction to the opinion and the links to the dismissals.

Read More
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:

  • an article about a supplemental brief filed at the Supreme Court asking the Court to “clarify the proper standard for reviewing questions of enablement under 35 U.S.C. § 112”;
  • another article about a recent ruling by the Federal Circuit that “gives helpful guidance regarding how to defeat early-filed Section 101 patent subject matter eligibility challenges”; and
  • a third article about an upcoming Federal Circuit case that will “address some major design patent issues.”
Read More
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:

  • an article reporting how the Federal Circuit concluded that the Patent Trial and Appeal Board “did not improperly place the burden of persuasion for proving unpatentability of proposed substitute claims . . . on [the patent owner].”
  • another article highlighting an upcoming Federal Circuit argument concerning constitutional standing; and
  • a blog post discussing “the scope of ‘comparison prior art’ available for the ordinary observer infringement analysis” in design patent cases.
Read More
En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include new petitions filed in six cases raising questions related to the Appointments Clause, claim construction, and implied licenses, one request by the Federal Circuit for a response to a petition raising questions related to collateral estoppel and inter partes review, and the denial of three petitions raising questions related to transfer, waiver, and design patent infringement. Here are the details.

Read More
En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include five new petitions related to obviousness, Arthrex, alleged appellate fact-finding, and prevailing party determinations; one response to a petition raising arguments related to Arthrex; three amicus briefs in support of a petition concerning design patent infringement; and an order denying a petition related to definiteness with a dissent by four judges. Here are the details.

Read More
En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include one new petition related to obviousness, one amicus brief in support of a petition related to transfer, one notice of supplemental authority related to expert testimony and a response to the notice, and the denial of two petitions. Here are the details.

Read More
En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include one new petition related to obviousness, one response to a petition related to design patents, two requests for responses to petitions related to Arthrex and transfer, two amicus briefs in support of petitions related to the written description and enablement requirements, and the denial of one petition related to Arthrex and obviousness. Here are the details.

Read More
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 Apple and Broadcom’s plans to appeal a $1.1 billion jury verdict against them in a patent case, concerns about a recent Federal Circuit decision on design patents, a story of challenges faced by a patent owner at the Patent Trial and Appeal Board and the Federal Circuit, and an oral argument at the court deemed the “oral argument of the week.”

Read More
En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include four new petitions, responses to petitions in two cases (including three responses in Arthrex, Inc. v. Smith & Nephew, Inc.), and the denial of a petition along with a dissenting opinion in the same case. Here are the details.

Read More
Opinions

Today’s Opinions – November 13, 2019

This morning the Federal Circuit issued one precedential opinion in a patent case, one nonprecedential opinion in a trademark case, one nonprecedential opinion in a Court of Federal Claims case, and six nonprecedential Rule 36 judgements. Here are the introductions to the opinions and a list of the Rule 36 judgments.

Read More