FedCircuitBlog

This morning the Federal Circuit released a nonprecedential opinion in a patent case appealed from the Patent Trial and Appeal Board. Late yesterday and this morning, the Federal Circuit also released two nonprecedential orders. One dismisses an appeal, and one transfers an appeal to the Western District of New York. Here is the introduction to the opinion, text from the order, and a link to the dismissal.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received a new petition raising questions related to the proper interpretation of a forum selection clause and whether it impacts inter partes review. The court also invited a response and received three new amicus briefs in a case that raised a question related to the written description requirement. Finally, the court denied three petitions raising questions relating to the Patent Trial and Appeal Board’s analysis of the non-obviousness requirement, inter partes review estoppel, and the Federal Circuit’s reversal of a judgment in an inter partes review proceeding based on a teaching away finding. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received two new petitions for rehearing en banc raising questions related to inter partes review estoppel and notice required to collect damages for infringement. The court also received three new responses to petitions that raised questions related to the Federal Circuit’s reversal of a judgment in an inter partes review proceeding based on a teaching away finding, the denial of a petition for a writ of mandamus seeking to order transfer, and the assignment of patents. The court received four amicus briefs in cases raising questions related to the Federal Circuit’s reversal of a judgment in an inter partes review proceeding based on a teaching away finding, patent eligibility, and the assignment of patents. Finally, the court denied two petitions for rehearing en banc raising questions related to the weight given to expert witness testimony during claim construction and the non-obviousness requirement. Here are the details.

This morning the Federal Circuit issued a nonprecedential opinion in a patent case appealed from the Patent Trial and Appeal Board. The opinion addresses eligibility for post-grant review based on priority dates. The court also issued a nonprecedential order in another patent case denying a petition for writ of mandamus raising a question regarding the scope of statutory estoppel based on a prior inter partes review proceeding. Here are the introductions to the opinion and order.