FedCircuitBlog

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

• an article discussing Apple’s plan to “introduce watches without the blood oxygen monitoring feature” after the Federal Circuit “lifted a stay of the U.S. International Trade Commission’s ban on the original products”; and
• an article highlighting how “[f]our 2023 opinions concerning claim construction from the U.S. Court of Appeals for the Federal Circuit offer lessons on how patent prosecution can affect later litigation.”

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

• an article about Judge Newman’s comment that “it’s time to reevaluate the America Invents Act, the landmark 2011 law that created new procedures for filing and challenging patents”;
• an article commenting on how Judge Newman “is considering an invitation to sit by designation in district court and oversee a trial after nearly four decades as an appellate judge”; and
• a blog post discussing “[t]he Federal Circuit’s new Finjan decision . . . focus[ing] attention on … patent law’s . . . ‘indefinite article shuffle.’”

This morning, the Federal Circuit released one precedential opinion, three nonprecedential opinions, and six nonprecedential orders. The precedential opinion, which inspired an opinion concurring in part and dissenting in part, vacates a district court’s judgment of invalidity in a patent case. One nonprecedential opinion addresses subject matter jurisdiction; another addresses an appeal from a Patent Trial and Appeal Board decision finding certain claims unpatentable as obvious or as anticipated; and the third also addresses a patent appeal regarding obviousness. One order grants a motion to remand a case to the Merit Systems Protection Board, two orders deny petitions for writs of mandamus, and one order transfers an appeal to the United States Court of Appeals for the Sixth Circuit. Finally, two orders dismiss appeals. Here are the introductions to the opinions, selected text from orders, and links to the dismissals.

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. With respect to granted cases, there is no new activity to report since our last update. With respect to petitions, one new petition was filed with the Court in a pro se case; two parties and the government waived their right to respond in a patent case and two pro se cases; the Solicitor General filed an amicus brief expressing the views of the United States in a patent case; four amicus brief were filed in a veterans case; and the Court denied certiorari in a Merit Systems Protection Board case and two 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, on Monday the Court heard oral arguments in Amgen Inc. v. Sanofi, Aventisub LLC. With respect to petitions, four new petitions were filed with the Court in three patent cases and a pro se case. The Court also denied three petitions. Here are the details. 

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received a new petition raising a question related to the attorney-client privilege. The court also denied a petition in a case raising questions related to the standard for claim construction. Here are the details.

This morning the Federal Circuit released two nonprecedential orders dismissing appeals and three Rule 36 judgments. Here are the links to the dismissals and Rule 36 judgments.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received a new petition raising questions related to the standard for claim construction. The court also denied a petition in a case raising a question related to burden of persuasion in inter partes review proceedings. Here are the details.

This morning the Federal Circuit released a precedential opinion in a patent case appealed from the Southern District of California. In its opinion, the Federal Circuit reversed a district court’s claim construction, vacated its grant of summary judgment, and remanded the case. The Federal Circuit also released five nonprecedential orders late yesterday and this morning. Three grant motions to voluntarily dismiss appeals, and two dismiss appeals for failure to prosecute. Here is the introduction to the opinion and links to the dismissals.