FedCircuitBlog

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

• an article showcasing five “patent cases to watch in the second half of 2023”;
• a blog post summarizing comments made by Judge Newman in her recent Bloomberg Podcast appearance;
• a blog post about the Federal Anti-Impersonation Right, a newly proposed “federal right of publicity” that “would establish a minimum level of protection against the unauthorized commercial use of a person’s name, image, likeness, or other identifying aspects of their persona”; and
• an article discussing recent and upcoming Supreme Court decisions in intellectual property cases.

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

• an article and a blog post discussing potential impact of the Supreme Court’s grant of certiorari in a trademark case decided by the Federal Circuit;
• a blog post highlighting “five tips for IPR practice” in light of the Federal Circuit’s ruling in a precedential case regarding inter partes review; and
• an article about the impact on attorney fee motions after the Federal Circuit’s decision in a patent case dealing with attorney fees and non-taxable costs under 35 U.S.C. § 285.

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

• two articles discussing the Supreme Court’s grant of certiorari in Vidal v. Elster, a trademark case decided by the Federal Circuit; and
• an article and a blog post providing updates on the ongoing investigation into Judge Newman’s fitness to serve as a judge.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. The Court granted the petition for certiorari in Vidal v. Elster, a trademark case raising a question related to the First Amendment. While no new petitions were filed with the Court, the Court requested a response to a petition raising a question concerning patent eligibility; a waiver of right to respond was filed in a pro se case; a reply brief was filed in a veterans case; and a supplemental brief was filed in a patent case raising a question concerning inter partes review estoppel. 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 highlighting aspects of the ongoing investigation into Judge Newman’s fitness to serve as a judge;
• an article expressing dissatisfaction with a recent Federal Circuit decision concerning the patentability of claimed ranges where the prior art discloses overlapping ranges; and
• a blog post discussing a recent Federal Circuit decision concerning what constitutes a dispute from which a government contractor may seek immediate relief.

Today, the Supreme Court granted the petition for certiorari in Vidal v. Elster, a trademark case decided by the Federal Circuit. The Supreme Court will review whether the U.S. Patent and Trademark Office’s “refusal to register a mark under Section 1052(c) [of the Lanham Act] violates the Free Speech Clause of the First Amendment when the mark contains criticism of a government official or public figure.” Here are the details.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, there is no new activity to report since our last update. With respect to petitions, seven new petitions were filed, three briefs in opposition, and three reply briefs in support of petitions were filed. The Court also denied four petitions. Here are the details.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. The Court recently granted the motion of the Solicitor General leave to participate in oral argument as amicus curiae in Amgen Inc. v. Sanofi, Aventisub LLC, the pending patent case addressing the enablement patentability requirement. With respect to petitions, two new petitions were filed with the Court, one in a pro se case and another in a Merit Systems Protection Board case; the government filed its brief in opposition in a trade case; one amicus brief was filed in a trademark case and three amicus briefs were filed in a patent case (including, interestingly, an amicus brief on behalf of retired federal appellate judges); and the Court denied six petitions in various patent, veterans, and pro se cases. Here are the details. 

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, the Supreme Court issued its opinion in Arellano v. McDonough, a veterans case. With respect to petitions, one new petition was filed with the Court in a trademark case. 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 discussing the Federal Circuit’s “‘most restrictive patent eligibility decision yet’”;
• another article examining “the most notable trademark decisions so far this year”; and
• a third article addressing how the Federal Circuit recently found that “substantial evidence supported [a] district court’s finding of anticipation” in a patent case.