FedCircuitBlog

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Since our last update, in the only pending en banc patent case, which presents a question concerning a district court’s responsibility to scrutinize a patentee’s reliance on supposedly comparable licenses, the opening en banc brief was filed, the Federal Circuit issued an order indicating parts of the opening brief went beyond the scope of en banc rehearing, and five new amicus briefs were filed. Additionally, a new petition was filed raising questions related to reliance on expert testimony in applying the doctrine of equivalents. Finally, the court denied two petitions raising questions regarding the written description requirement, obvious-type double patenting, and attorney fees. Here are the details.

Late yesterday the Federal Circuit released a precedential order in one of the court’s pending en banc cases instructing a party not to respond to the other party’s argument because it exceeds the scope of the court’s en banc rehearing. The court also released three nonprecedential orders dismissing appeals. This morning, the court released three nonprecedential opinions, one in a patent case and two in pro se cases, and a nonprecedential order dismissing an appeal. Here are the introductions to the opinions and precedential order and links to the dismissals.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Since our last update, the Federal Circuit granted en banc rehearing to address a question concerning standing at the Court of Federal Claims to allege a violation of a statute or regulation in connection with a procurement or proposed procurement of a government contract. Additionally, an amicus brief has been filed in a pending en banc patent case raising a question concerning a district court’s responsibility to scrutinize a patentee’s reliance on supposedly comparable licenses. There are no updates regarding pending petitions. Here are the details.

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

• an article discussing Judge Newman’s suspension and a “report by Dr. Aaron G. Filler released Tuesday by Newman’s lawyers with the New Civil Liberties Alliance”;
• an article addressing the current state of software patent eligibility “since the Supreme Court’s seminal decision in Alice Corp. v. CLS Bank Int’l“; and
• a blog post highlighting the Federal Circuit’s recent order granting a petition for en banc rehearing “focusing on the admissibility of expert testimony regarding patent damages.”

This morning the Federal Circuit released one precedential order and one nonprecedential opinion. Notably, the precedential order grants a petition for rehearing en banc in a patent case. The nonprecedential opinion affirms a decision by the Middle District of Georgia to grant a motion to dismiss in a patent case. Here are the introductions to the order and opinion.

This morning the Federal Circuit granted a petition for en banc rehearing filed by Google in EcoFactor, Inc. v. Google LLC, a patent case appealed after a jury trial in the Western District of Texas. Google asked the court to consider whether the district court erred in “failing to rigorously scrutinize a patentee’s reliance on supposedly comparable licenses” resulting in an “artificially inflated damages award that is divorced from market realities and devoid of connection to the patent’s incremental improvement to the art.” Here are the details.

Here is an update on recent en banc activity in patent cases at the Federal Circuit. Highlights include two new petitions raising questions concerning public disclosures under 35 U.S.C. § 102 and issue preclusion. The court also denied two petitions. One raised a question related to the relationship of claim construction and unpatentability arguments in inter partes review proceedings. The other raised questions related to means-plus-function claims and patent eligibility. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include new responses to three petitions raising questions relating to the authority of the International Trade Commission, the statutory experimental use exception to infringement liability, and the use of comparable licenses to calculate damages awards. The court also received two new amicus briefs supporting a petition relating to attorney fees and invited a response to the same petition. Finally, the court denied three petitions raising issues related to design patent law’s nonobviousness requirement, the statutory experimental use exception to infringement liability, and personal jurisdiction. Here are the details.

Here is an update on recent en banc activity in patent cases at the Federal Circuit. Highlights include new petitions filed in cases raising questions about means-plus-function claims, patent eligibility, and attorneys’ fees. The court also denied a petition for en banc rehearing in a patent case raising questions about damages, Federal Rule of Civil Procedure 60(b), and procedure. Here are the details.

Here is an update on activity in cases pending before panels of the Federal Circuit where the cases involve at least one amicus brief. We keep track of these cases in the “Other Cases” section of our blog. Today with respect to these cases we highlight two new opinions in two patent cases and one new case that attracted an amicus brief in another patent case. We also highlight new briefing in three patent cases as well as recent oral arguments in a veterans case and two patent cases. Here are the details.