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 last week’s Senate markup hearing where lawmakers announced that they plan to “delay consideration of both the Patent Eligibility Restoration Act (PERA) and the Promoting and Respecting Economically Vital American Innovation Leadership Act (PREVAIL Act)”;
• an article reporting how U.S. Patent and Trademark Office Director Kathi Vidal announced that “she will leave the office in mid-December ahead of the incoming administration of Republican President-Elect Donald Trump”;
• a blog post highlighting an upcoming en banc review by the Federal Circuit that will “address fundamental questions about the reliability standards for expert damages testimony in patent cases”; and
• an article examining the law surrounding patent marking after a recent Federal Circuit decision “seemingly revived a private actor’s right to bring a cause of action for false marking via the unfair competition and false advertising provisions of Section 43(a) of the Lanham Act.”

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

• an article about “[b]iotechnology giant Amgen . . . arguing that Sanofi is a walking contradiction when it comes to the patent challenger’s stance on enablement requirements”;
• another article about a Federal Circuit decision finding “Google LLC must litigate a patent infringement lawsuit brought by telecom startup Flypsi Inc. in Waco, Texas, rather than San Francisco”; and
• a third article about “how to handle AI inventions from a policy perspective.”

This morning the Federal Circuit released two precedential opinions. The first opinion comes in a patent case appealed from the District of Delaware. In this opinion, the Federal Circuit affirms the district court’s determination that a party lacks standing as a matter of collateral estoppel and concludes that the same party has standing in a companion case. Notably, Jude Lourie expressed additional views on the matter. The second opinion comes in another patent case, this one appealed from the Northern District of California. In this opinion, the Federal Circuit explains why it reverses the district court’s determination that a party does not have standing and remands the case. This morning the Federal Circuit also released three nonprecedential opinions. Two come in cases appealed from the Merit Systems Protection Board, and one comes in a veterans case appealed from the Court of Appeals for Veterans Claims. Here are the introductions to the opinions.