FedCircuitBlog

Here is an update on recent en banc activity at the Federal Circuit. The en banc court heard oral argument in a veterans case last week. As for petitions for en banc consideration in patent cases, a new petition was filed in a case raising questions related to literal infringement and claim construction; the court invited a response to a petition raising a question related to sanctions; and the court denied two petitions, one in a pro se case and one raising a question related to non-obviousness. Here are the details.

• Sweat the Small Stuff: Lessons of Federal Circuit Damages Cases – Marking, interest accrual, and awards calculation have been important issues in six Federal Circuit decisions on patent damages, but the Federal Circuit has been reluctant to overturn jury awards in other damages cases.
• Standard Essentiality is a Question for the Fact Finder – Earlier this month, the Federal Circuit held in Godo Kaisha IP Bridge 1 v. TCL Communications Technology Holdings that the trier of fact should determine whether patent claims are essential to all implementations of an industry standard.
• The Little Tucker Act is Alive and Well – The Federal Circuit’s recent decision in National Veterans Legal Services Program v. United States reaffirms to plaintiffs with small non-tort claims against the United States that they can file either in the Court of Federal Claims or in a local district court.

Here’s the latest.

This morning the Federal Circuit issued one precedential opinion in a patent case, four nonprecedential opinions in veterans cases, and three Rule 36 summary affirmances. Here are the introductions to the opinions and a list of the Rule 36 judgments.

• Federal Circuit Denies Uniloc’s Motion to Seal Documents – In Uniloc 2017 LLC v. Apple, Inc., the Federal Circuit affirmed the district court’s no-seal order, with the exception of third party licensees who were promised confidentiality.
• Toyota Fails to Revive Patent on Fingerprint-Reducing Coating – On Friday, the Federal Circuit agreed with PTAB’s conclusion that Toyota’s patent for reducing fingerprints on touchscreens was invalid for obviousness in Toyota Motor Corp. v. Reactive Surfaces Ltd.
• Federal Circuit’s Ruling Could Make it Easier to Prove Infringement of SEPs – In Godo Kaisha IP Bridge I v. TCL Commc’n Tech. Holdings Ltd., the Federal Circuit seemed unconvinced by TCL’s oral argument against the district court’s finding that TCL infringed two IP Bridge patents.

Here’s the latest.