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This morning the Federal Circuit released three precedential opinions, one nonprecedential opinion, and three nonprecedential orders.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.

Here is an update on recent en banc activity at the Federal Circuit. Highlights include the filing of the opening brief in National Organization of Veterans Advocates, Inc. v. Secretary of Veterans Affairs, in which the Federal Circuit granted a petition for initial hearing en banc to address two questions related to jurisdiction and veterans law. As for petitions in patent cases, highlights include a new petition raising questions related to restriction requirements and patent term adjustments; a new response to a petition raising questions related to obviousness; a new invitation for a response to a petition raising questions related to injunctive relief; and the denial of three petitions raising questions related to claim construction, prevailing party status, and forum selection clauses. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit. Highlights include new petitions filed in five cases raising questions related to claim construction, prevailing party status, assignor estoppel, forum selection clauses, and injunctive relief. In addition, a new amicus brief was filed in two cases raising questions related to patent eligibility. Here are the details.

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 patent cases in the “Other Cases” section of our blog. Today, with respect to these cases we highlight two dispositions, one new case, three recent oral arguments, and two upcoming oral arguments.

• USPTO Says AI Can’t be A Named Inventor – The U.S. Patent and Trademark Office said that U.S. law bars artificial intelligence from being listed as an inventor.
• Federal Circuit Proposes Guideline Tweaks – The Federal Circuit proposed changes to its Rules of Practice.
• The Federal Circuit Explains when Winning Isn’t Prevailing – Daniel Shulman explains the results in two recent Federal Circuit decisions concerning “prevailing parties.”

Here’s the latest.