Opinions

Today’s Opinions – April 30, 2020

This morning the Federal Circuit issued five opinions and one order, all in patent cases. Two of the opinions are precedential, and three are nonprecedential. Here are the introductions to the opinions and the text of the order.

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En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include new petitions filed in six cases raising questions relating to design patent claim construction, damages, claim construction, eligibility, inequitable conduct, non-obviousness, joinder, and deference to Precedential Opinion Panels; three requests for responses to petitions raising questions related to venue, eligibility, non-obviousness, and claim construction; and the denial of six petitions raising issues including the Appointments Clause, claim construction, prosecution history estoppel, and damages. Here are the details.

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Panel Activity

Update on Important Panel Activity

About once a month we provide an update on activity in patent 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. There we also highlight non-patent cases that attract amicus briefs, but only once those cases have been scheduled for oral argument. Today, with respect to these cases we highlight three dispositions, four recent oral arguments, and one upcoming oral argument.

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News

Recent News on the Federal Circuit

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights a discussion of the Federal Circuit’s treatment of Patent Trial and Appeal Board decisions, articles about two decisions by the Federal Circuit in pharmaceutical patent cases, and a comment on the upcoming use of telephonic oral arguments.

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Featured / Opinions

Today’s Opinions – March 18, 2020

This morning the Federal Circuit issued one precedential opinion in a patent case. Notably, in a concurrence in that case, all three judges on the panel express their view that, were the relevant statute ambiguous, they “would find that no deference is due” to a prior opinion issued by the U.S. Patent and Trademark Office’s Precedential Opinion Panel. Here are the introductions to the majority and concurring opinions.

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News

Recent News on the Federal Circuit

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights a comment on confidence in the U.S. patent system, a question about Rule 36 summary affirmances by the Federal Circuit, and an article on the Federal Circuit setting aside a district court ruling that Facebook did not infringe in Mirror Worlds Technologies, LLC v. Facebook, Inc.

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Opinions

Today’s Opinions – January 23, 2020

This morning the Federal Circuit issued one nonprecedential opinion in a patent case. Here is the introduction.

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En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include two new petitions raising questions related to waiver of the prevailing arguments made in Arthrex, Inc. v. Smith & Nephew, Inc., non-obviousness, and argument-type prosecution history estoppel, two letters filed by the government in response to arguments related to Arthrex, Inc. v. Smith & Nephew, Inc., two amicus briefs in Arthrex, Inc. v. Smith & Nephew, Inc. itself, and the denial of four petitions. We have the details.

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Argument Preview

Argument Preview – Dragon Intellectual Property v. Dish Network LLC

Next week is argument week, and three cases slated to be argued attracted amicus briefs. The first is Dragon Intellectual Property v. Dish Network LLC, a patent case that drew interest from the Electronic Frontier Foundation on the issue of the district court’s prevailing party determination, a prerequisite for attorney fee awards. Here is our argument preview.

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En Banc Activity / Petitions

Recent En Banc Activity

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.

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