FedCircuitBlog

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.

Here is an update on recent en banc activity at the Federal Circuit. Since our last update, the Federal Circuit received two letters in the court’s pending en banc case involving President Trump. In addition, two petitions for en banc review were filed in patent cases raising questions related to Rule 52 evidentiary trials and patent eligibility, and the court denied a petition in another patent case raising questions related to invalidity. Here are the details.

This morning, the Federal Circuit released a precedential opinion in a patent case appealed from the Patent Trial and Appeal Board. The Federal Circuit also released nonprecedential opinions in three other patent cases, two in cases appealed from the Patent Trial and Appeal Board and one in a case appealed from the Southern District of Ohio. Finally, the Federal Circuit released a nonprecedential order dismissing an appeal from a judgment of the Merit Systems Protection Board. Here are the introductions to the opinions, along with a link to the dismissal.

This morning the Federal Circuit released two precedential opinions, a nonprecedential opinion, a summary affirmance under Federal Circuit Rule 36, and a nonprecedential order dismissing an appeal. The first precedential opinion comes in a patent case appealed from the Western District of Virginia. The Federal Circuit reversed a jury verdict of no invalidity based on a prior offer for sale in the United States. The second precedential opinion comes in a case appealed from the Court of Federal Claims. The Federal Circuit affirmed a grant of summary judgment that rejected illegal exaction claims. The nonprecedential opinion comes in a patent case appealed from the Patent Trial and Appeal Board. The Federal Circuit affirmed a holding invalidating claims for obviousness. Here are the introductions to the opinions and links to the Rule 36 judgment and dismissal.

• Challenging Therapeutics IP After Fed. Circ. Drink Can Ruling – Issued on the last day of 2020, the Federal Circuit’s opinion in Ball Metal Beverage Container Corp. v. Crown Packaging Technology Inc., raises important considerations for patent challengers alleging the indefiniteness of measurement claim terms that describe pharmacologic or physicochemical properties of an invention.
• Apple Transfer Win Survives Bid for Full Federal Circuit Review – The Federal Circuit denied a petition for an en banc review of an earlier decision that enabled Apple to transfer its case to the Northern District of California.
• Federal Circuit Says PTAB Failed to Provide Proper Notice to IPR Respondent of Anticipation Theory – A recent Federal Circuit decision held that the Patent Trial and Appeal Board erred in finding a claim anticipated by prior art even though the petition for inter partes review had only asserted obviousness as to the claim.  

Here’s the latest.

This morning, the Federal Circuit issued five nonprecedential opinions in patent cases. The opinions address ineligibility, mootness, claim construction, indefiniteness, and a sua sponte grant of summary judgment of noninfringement. Here are the introductions to the opinions.