FedCircuitBlog

This morning, the Federal Circuit released two precedential opinions. One of the opinions comes in a patent cases addressing claim construction. The other also comes in a patent case, this one challenging instructions the Director of the Patent and Trademark Office had given to the Patent Trial and Appeal Board related to its authority to decline petitions for inter partes review. The court also released three nonprecedential opinions. The first comes in an appeal of a decision of the Patent Trial and Appeal Board; the second comes in a patent infringement case and addresses an award of enhanced damages; and the third comes in a pro se appeal of a decision of the Court of Federal Claims. The Federal Circuit also released nine nonprecedential orders. Three transfer matters; three dismiss appeals; one remands a case; and two deny petitions for writs of mandamus. Finally, the court also released a Rule 36 judgment. Here are the introductions to the opinions and orders other than dismissals, along with links to the dismissals and Rule 36 judgment.

Late yesterday, the Federal Circuit released a nonprecedential order dismissing a patent case appealed from the District of Delaware. This morning, the Federal Circuit released another nonprecedential order dismissing a patent case, this one appealed from the Patent Trial and Appeal Board. Here are links to both dismissals.

This morning, the Federal Circuit released two nonprecedential opinions, one in a patent case appealed from the Patent Trial and Appeal Board and one in a federal personnel case appealed from the Merit Systems Protection Board. The Federal Circuit also released two nonprecedential orders. One denies a petition for a writ of mandamus seeking to order the Western District of Texas to transfer a patent case to the Northern District of California, and the other transfers a case to the Court of Appeals for the District of Columbia Circuit. Here are the introductions to the opinions and the first order and a link to the second order.

Late yesterday and today the Federal Circuit released four nonprecedential orders dismissing appeals. Here are links to them.

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:

• an article about how the “Federal Circuit . . . backed a pair of Patent Trial and Appeal Board decisions that said Netflix failed to prove that two streaming patents were invalid”; and
• an article discussing how “Google waived its right to respond to a petition for writ of certiorari . . . filed by the inventors of a method for protecting computers from malware.”

This morning, the Federal Circuit released one precedential opinion and four nonprecedential orders. The precedential opinion rejects the argument the Patent Trial and Appeal Board failed to address several arguments made in two inter partes review proceedings. The court found no error in the how the Board understood the arguments at issue, but in a dissenting opinion Judge Dyk disagrees with the court. Two of the four orders are dismissals, while the other two transfer cases—one to a circuit court of appeals and another to a district court. Here is the introduction to the precedential opinion, selected text from the transfers, and links to the dismissals.

This morning, the Federal Circuit released two precedential opinions, one nonprecedential opinion, and one order dismissing an appeal. One precedential opinion addresses an appeal from a decision of the Patent Trial and Appeal Board finding claims unpatentable as obvious. This first opinion ultimately concludes that the decision violated the Administrative Procedure Act. The other precedential opinion also addresses an appeal of a decision of the PTAB, this one concluding that the PTAB abused its discretion in determining that a party failed to identify a field of endeavor and thus failed to establish analogous art for purposes of an obviousness analysis. Finally, the nonprecedential opinion affirms a dismissal by the United States Court of Federal Claims for lack of subject matter jurisdiction. Here are the introductions to the opinions and a link to the dismissal.

This morning the Federal Circuit released three nonprecedential opinions. One comes in a patent case appealed from the Patent Trial and Appeal Board, one in a patent case appealed from the International Trade Commission, and one in an employment case appealed from the Merit Systems Protection Board. Here are the introductions to the opinions.

This morning, the Federal Circuit released four nonprecedential opinions and an erratum. In the first opinion, the court dismissed an appeal from the Court of Appeals for Veterans Claims. In the second, the court affirmed a judgment of the Patent and Trial Appeal Board. In the third, the court reversed a judgment of no invalidity in a patent case appealed from the Eastern District of Texas. In the fourth, the Federal Circuit affirmed a judgment in a pro se case appealed from the Court of Federal Claims. Here are the introductions to the opinions and a link to the erratum.

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:

• an article about the Federal Circuit deciding the Patent Trial and Appeal Board “must take a second look at a video-streaming technology patent challenged by Netflix Inc. and Hulu LLC”;
• a blog post about the potential effects of an upcoming Supreme Court case on patents; and
• another article about a Federal Circuit decision affirming claim construction rulings by the Eastern District of Texas.