FedCircuitBlog

Here is an update on recent en banc activity in patent cases at the Federal Circuit. Highlights include new petitions in two cases raising a question about whether an undisputed feature of prior art may serve as the basis for patent eligibility and questions about enablement of prior art. The court also denied a petition for en banc rehearing raising questions about attorneys’ fees. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit. Highlights include a new response to a petition raising questions relating to attorneys’ fees and the denial of a petition challenging the International Trade Commission’s authority related to patent infringement. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include new responses to three petitions raising questions relating to the authority of the International Trade Commission, the statutory experimental use exception to infringement liability, and the use of comparable licenses to calculate damages awards. The court also received two new amicus briefs supporting a petition relating to attorney fees and invited a response to the same petition. Finally, the court denied three petitions raising issues related to design patent law’s nonobviousness requirement, the statutory experimental use exception to infringement liability, and personal jurisdiction. 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 examining the Federal Circuit’s consideration of when attorney’s fees can be awarded to the prevailing party in in inter partes review proceedings; and
• an article discussing a distinction made by the Federal Circuit pertaining to which disclosures qualify as public disclosures for purposes of 35 U.S.C. § 102(b)(2)(B).

Here is an update on recent en banc activity in patent cases at the Federal Circuit. Highlights include new petitions filed in cases raising questions about means-plus-function claims, patent eligibility, and attorneys’ fees. The court also denied a petition for en banc rehearing in a patent case raising questions about damages, Federal Rule of Civil Procedure 60(b), and procedure. Here are the details.

This morning the Federal Circuit released three precedential opinions, one nonprecedential opinion, and three nonprecedential orders. The first precedential opinion affirms a judgment of the District of Delaware regarding an award of attorney’s fees in a patent case. The second affirms a judgment of the Court of Appeals for Veterans Claims, and the third affirms a judgment of the Court of International Trade. The nonprecedential opinion partially reverses a judgment of the Court of Federal Claims in a government contract case. All of the orders are dismissals. Here are the introductions to the opinions and links to the orders.

This morning, the Federal Circuit released two nonprecedential opinions and four nonprecedential orders. Both opinions address jurisdictional issues. One order transfers a case to an Illinois district court, one order dismisses a case, and two are Rule 36 judgments. Here are the introductions to the opinions, text from the order transferring a case, and links to the Rule 36 judgments and dismissal.

This morning, the Federal Circuit released a nonprecedential opinion dismissing a pro se appeal for lack of jurisdiction. The court also released a summary affirmance and an order dismissing an appeal. Here is the introduction to the opinion and links to the summary affirmance and dismissal.

This morning the Federal Circuit released a precedential opinion in a patent case appealed from the District of Minnesota addressing numerous issues concerning validity and infringement. The Federal Circuit also released four nonprecedential opinions in patent, tax, and employment cases. Notably, in a patent case appealed from the Patent Trial and Appeal Board, Judge Newman wrote a dissenting opinion. Finally, the court issued six Rule 36 judgments. Here are the introductions to the opinions and links to the Rule 36 judgments.

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.”