FedCircuitBlog

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today we highlight:

• an article reporting how Judge Newman “petitioned the U.S. Supreme Court to lift her suspension from hearing new cases,” which has “lasted nearly two years”;
• a blog post analyzing how a recent Federal Circuit decision “presents an interesting question relating to damages calculation”;
• a blog post discussing how the Supreme Court’s recent denial of a petition “leaves in place the Federal Circuit’s determination that [published] U.S. patent applications are prior art as of their filing date in inter partes review . . . validity proceedings conducted under the pre-America Invents Act . . . statute; and
• an article suggesting the Patent and Trademark Office “has taken numerous notable steps” related to patent subject matter eligibility and that “these developments suggest a recalibration of the USPTO’s Section 101 approach, particularly for AI-related applications.”

Late yesterday the Federal Circuit released a nonprecedential order dismissing an appeal. This morning, the court released three precedential opinions, two nonprecedential opinions, one nonprecedential order, and one Rule 36 judgment. Two of the precedential opinions come in patent infringement cases, one reviewing an order excluding an expert report on damages and the other reviewing construction of an alleged means-plus-function claim and a judgment of noninfringement. The third precedential opinion comes in an appeal of a decision of the Court of Federal Claims in a takings case. One of the nonprecedential opinions comes in an ex parte appeal of a rejection of a patent application by the Patent and Trademark Office. The other nonprecedential opinions comes in an appeal of a decision of the Merit Systems Protection Board. The nonprecedential order dismisses an appeal. Here are introductions to the opinions and links to the Rule 36 judgment and dismissals.