FedCircuitBlog

Here is an update on recent en banc activity at the Federal Circuit in patent cases. As for the only pending en banc case, addressing design patent law’s non-obviousness requirement, three amicus curiae briefs were filed in support of appellants, and three amicus curiae briefs were filed in support of neither party. As for petitions, highlights include a new petition presenting a question related to inducement of infringement and two denials in other patent cases. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include three new petitions in patent cases addressing claim construction, obviousness, and exceptional case status. Here are the details.

Late yesterday and this morning, the Federal Circuit released a nonprecedential opinion in a patent case appealed from the International Trade Commission and addressing claim construction, infringement, and invalidity. The court also released a nonprecedential order dismissing an appeal. Here is the introduction to the opinion and a link to the dismissal.

This morning the Federal Circuit released a nonprecedential opinion in a patent case appealed from the Patent Trial and Appeal Board. The Federal Circuit also released two nonprecedential orders dismissing appeals. Here is the introduction to the opinion and links to the dismissals.

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

• an article explaining how the Supreme Court is the “only entity that appears positioned to provide . . . clarity” on patent eligibility;
• another article discussing how the Federal Circuit affirmed the review power of the temporary head of the Patent and Trademark Office, “sparing the agency from potentially devastating consequences”; and
• a third article addressing how the Federal Circuit reaffirmed that a patentee has “the burden to offer opposing evidence against the petitioner’s claim” in Patent Trial and Appeal Board proceedings.

This morning the Federal Circuit released a nonprecedential opinion in a patent case appealed from the Patent Trial and Appeal Board. Notably, Judge Newman dissented. The Federal Circuit also released a nonprecedential order granting petitions to order the Eastern District of Texas to transfer three consolidated cases to the Northern District of California. Here is the introduction to the opinion and text from the order.

This morning the Federal Circuit released two precedential opinions. The first comes in a case appealed from the Merit Systems Protection Board; the second comes in a case appealed from the Patent Trial and Appeal Board. The Federal Circuit also released a nonprecedential opinion in another patent case appealed from the Patent Trial and Appeal Board. Notably, in this case Judge Newman dissented without opinion. Finally, the court released an erratum. Here are the introductions to the opinions and a link to the erratum.

This morning the Federal Circuit issued a precedential opinion in a patent case appealed from the Patent Trial and Appeal Board. The opinion addresses issues related to estoppel as a result of inter partes review. The court also issued two nonprecedential opinions in a patent and employment case, and a nonprecedential order denying a petition for en banc rehearing in a patent case. Notably, with respect to the order, Chief Judge Moore wrote a concurring opinion joined by Judges Newman, O’Malley, Taranto, and Chen, while Judge Prost wrote a dissenting opinion joined by Judges Dyk and Reyna. Finally, the court issued three nonprecedential orders denying and dismissing petitions for writs of mandamus and two Rule 36 judgments. Here are the introductions to the opinions and orders.

This morning the Federal Circuit issued a precedential opinion in a tax case appealed from the Court of International Trade and a nonprecedential opinion in a patent case appealed from the Patent Trial and Appeal Board. Here are the introductions to the opinions.

This morning, the Federal Circuit issued a precedential opinion in an employment case appealed from the Court of Federal Claims. The court also issued four nonprecedential opinions in a veterans case, a case appealed from the Merit Systems Protection Board, a patent case appealed from the Patent Trial and Appeal Board, and another patent case appealed from the International Trade Commission. Here are the introductions to the opinions.