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 The Federal Circuit also released four nonprecedential opinions in patent, tax, and employment cases.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.”
On August 13, the Federal Circuit issued another order denying a petition for a writ of mandamus, this one in In re DISH Network L.L.C., another case we have been following because it attracted an amicus brief. While the court denied the petition, the court noted that “the district court here erred in relying on DISH’s general presence in Western Texas without tying that presence to the events underlying the suit.” As a result, the court stated it is “confident the district court will reconsider its determination in light of the appropriate legal standard and precedent on its own.” Also, notably, Judge Reyna wrote a concurring opinion in this case. Here is a summary of the case, the order, and the concurring opinion.
Here is this month’s update on activity in cases pending before panels of the Federal Circuit where the cases involve at least one amicus brief. We keep track of these cases in the “Other Cases” section of our blog. Today, with respect to these cases we highlight six dispositions, one new case, one case with new briefing, and one oral argument recap. Here are the details.
This morning the Federal Circuit issued two precedential opinions in patent cases appealed from the Patent Trial and Appeal Board, two nonprecedential opinions in another patent case appealed from the Patent Trial and Appeal Board and an employment case, a Rule 36 judgment, and one erratum. Here are the introductions to the opinions and links to the relevant orders.
This morning the Federal Circuit issued two nonprecedential opinions in patent cases appealed from the United States Patent and Trademark Office, a nonprecedential order denying a petition for writ of mandamus along with a concurring opinion by Judge Reyna, and one Rule 36 judgment. Here are the introductions to the opinions and order and a link to the Rule 36 judgment.
Here is this month’s update on activity in cases pending before panels of the Federal Circuit where the cases involve at least one amicus brief. We keep track of these cases in the “Other Cases” section of our blog. Today, with respect to these cases we highlight one disposition in a veterans law case, two oral argument recaps in a patent case and a veterans law case, four new patent cases, a patent case with new briefing, and four upcoming oral arguments in related Tucker Act cases. Here are the details.
- Good News for Patentees: Bipartisan NSCAI Invokes National Security in Calling for Legislation to Clarify Patent Eligibility – A recent report released by a bipartisan congressionally-established commission lends powerful support to Section 101 reform initiatives.
- Dish Rejected in Bid to Revive Data Compression Patent Challenge – The Federal Circuit refused to jump-start a patent challenge after the Patent Trial and Appeal Board found that the challenge was time-barred.
- Method for Determining Haplotype Phase Found Subject Matter Ineligible – Applying the Alice framework, the Federal Circuit emphasized that a mathematical or scientific algorithm, without more innovation or improvement, is patent ineligible.
Here’s the latest.
This post summarizes recent activity at the Supreme Court in cases decided by the Federal Circuit.
- The Supreme Court received three new petitions this week in (1) Vilox Technologies, LLC v. Iancu, (2) Comcast Cable Communications, LLC v. Rovi Guides, Inc., and (3) Drevaleva v. United States.
- One new brief in opposition was filed with the Court by Taser in Phazzer Electronics, Inc. v. Taser International, Inc.
- One new reply brief was filed with the Court by Sanofi-Aventis in Sanofi-Aventis Deutschland GMBH v. Mylan Pharmaceuticals Inc.
- Lastly, one waiver of right to respond to the petition in Customedia Technologies, LLC v. Dish Network Corp. was filed with the Court by Dish Network.
Here are the details.