Opinions

Opinions & Orders – September 30, 2021

This morning the Federal Circuit issued a nonprecedential opinion in a patent case appealed from the Patent Trial and Appeal Board. The court addressed the Board’s determination that a petition for inter partes review and a reply brief were insufficient on their merits. Here is the introduction to the opinion.

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Supreme Court Activity

Recent Supreme Court Activity

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. As for granted cases, this week the Court decided Minerva Surgical, Inc. v. Hologic, Inc., in which the Court overturned the Federal Circuit’s approach to the assignor estoppel doctrine. Additionally, three cases were granted, vacated, and remanded based on the decision in United States v. Arthrex, Inc. regarding application of the Appointments Clause to administrative patent judges. As for petition cases:

Here are the details.

  • a reply brief was submitted in support of a petition in a government contract case;
  • the government filed a waiver of right to respond in a patent case;
  • the Court dismissed one petition; and
  • the Court denied five petitions, including four regarding application of the Appointments Clause to administrative patent judges.
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Petitions / Supreme Court Activity

Recent Supreme Court Activity

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit.

Here are the details.

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Petitions / Supreme Court Activity

Recent Supreme Court Activity

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit.

Here are the details.

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Petitions / Supreme Court Activity

Recent Supreme Court Activity

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit.

Here are the details.

Read More
Petitions / Supreme Court Activity

Recent Supreme Court Activity

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit.

Here are the details.

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En Banc Activity

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit. This week the en banc court will hear arguments in a veterans case. Late last week a supplemental reply brief was filed in that case. As for new petitions for en banc consideration, two were filed in patent cases raising various questions related to the doctrine of equivalents, prosecution history estoppel, vitiation, reasonable royalties, and obviousness. With respect previously-filed petitions, a new response was filed asking the court to reject a petition questioning whether whether a party who is not a patentee may sue for patent infringement. In addition, the court denied four petitions in patent cases raising questions related to mandamus jurisdiction over real-party-in-interest determinations, double patenting, transfer of venue, and claim construction. Here are the details.

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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. Highlights include new petitions filed in four patent cases raising questions related to remedies, transfer of venue, novelty, non-obviousness, and real-party-in-interest rules, as well as a response to a petition raising questions related to double-patenting. Here are the details.

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Opinions

Opinions & Orders – July 28, 2020

This morning the Federal Circuit issued two nonprecedential opinions in patent cases, a nonprecedential order granting a petition for a writ of mandamus related to a motion to transfer, and another nonprecedential order denying petitions for writs of mandamus also related to motions to transfer. Here are the introductions to the opinions and text from the orders.

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