FedCircuitBlog

Here is an update on recent en banc activity at the Federal Circuit. Highlights include a new petition in a patent case raising a question concerning prior art for purposes of design patent law and two denials of petitions in two other patent cases raising questions related to the law governing reissue proceedings and fee shifting, respectively. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit. Highlights include an en banc response brief filed in the only pending en banc case, which addresses the non-obviousness requirement for design patents, and two newly filed petitions for rehearing in two utility patent cases. Here are the details.

This morning, the Federal Circuit released four nonprecedential opinions and four Rule 36 summary affirmances. One of the opinions comes in a patent case addressing an appeal from eight final written decisions from the Patent Trial and Appeal Board. Another of the opinions dismisses for lack of jurisdiction an appeal from the Court of Appeals for Veterans Claims. The final two opinions address appeals from the same pro se plaintiff from judgments of the Merit Systems Protection Board. Here are the introductions to the opinions and links to the summary affirmances.

This post summarizes recent activity at the Supreme Court in cases decided by the Federal Circuit.

• The Supreme Court received six new petitions this week in (1) BioDelivery Sciences International, Inc., v. Aquestive Therapeutics, Inc., (2) Phazzer Electronics, Inc. v. Taser International, Inc., (3) Lakshmi Arunachalam v. Presidio Bank., (4) Lakshmi Arunachalam v. Apple, Inc., et al., (5) Lakshmi Arunachalam v. Wells Fargo Bank, N.A., and (6) Betzaida P. Jernigan v. Robert Wilkie, Secretary of Veterans Affairs.
• In Comcast Corp. v. International Trade Commission, Comcast submitted its reply to the ITC’s brief in opposition.
• Finally, the State of Indiana submitted identical amicus briefs in favor of the petitioners in both Jake LaTurner, Kansas State Treasurer v. United States and Andrea Lea, Arkansas State Auditor v. United States.

Here are the details.

This post summarizes recent activity at the Supreme Court in cases decided by the Federal Circuit.

• One new petition for certiorari was filed in Ameranth, Inc. v. Domino’s Pizza, LLC.
• In Arthrex, Inc. v. Smith & Nephew, Inc., two briefs in opposition were filed. One brief from Smith & Nephew, Inc. and ArthroCare Corp. and the other from the United States.
• The Supreme Court received a total of five amicus briefs this week. Four amicus briefs in TCL Communication Technology Holdings Limited v. Telefonaktiebolaget LM Ericsson and one amicus brief in Callan Campbell v. United States.
• In Ford Motor Co. v. United States, Ford submitted its reply to the United States’ brief in opposition.

Here are the details.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Notably, much of the activity relates in some way to Arthrex, Inc. v. Smith & Nephew, Inc. Highlights include three new petitions (including two petitions raising questions related to waiver of arguments similar to those made in Arthrex), a response in opposition to a petition also making arguments raised in Arthrex, briefing on a motion raising arguments related to Arthrex, requests for responses in three cases (including, notably, Arthrex itself), and the denial of two petitions raising questions related to patent eligibility. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include two new petitions, a response to a petition, and an amicus brief in support of a petition.

Today the Federal Circuit issued one nonprecedential opinion in a patent case. Here is the introduction to the opinion.