FedCircuitBlog

• USPTO Says Interested Party Rulings Aren’t ‘Shenanigans’ – The U.S. Patent and Trademark Office defended against accusations that the agency engaged in “shenanigans” when it did not require Google to be named as an interested party during a review of a mobile website patent.
• Guitar Pedalboard Patent Sent for New PTAB Review by Fed. Cir. – The Federal Circuit ruled on Monday that the Patent Trial and Appeal Board erred when the board analyzed a guitar pedalboard patent and rejected an earlier electrical relay patent as analogous prior art.
• Heart Monitor Maker Asks High Court to Clear Eligibility Muddle – InfoBionic Inc. suggests that a Supreme Court review of its case involving a dispute over a cardiac monitoring patent could provide clarity around which inventions are eligible for patents.

Here’s the latest.

Earlier this week, on October 7, 2020, the Supreme Court heard oral argument in Google LLC v. Oracle America, Inc., the long-running software copyright case. Due to the COVID-19 pandemic, this extended oral argument took place over the phone and lasted for over 90 minutes. The Court worked to great lengths to untangle the attorneys’ many vital arguments that have developed over the past decade. As we previewed the day before the argument, the issues, in this case, are the availability of copyright protection for software interfaces, in particular Oracle’s Java SE declarations, and Google’s copying of such code that it contends is fair use.

• Supreme Court Hears Copyright Battle Between Google and Oracle – The historic and multibillion-dollar copyright suit made its way to the Supreme Court on Wednesday. 
• Fed. Circ. Orders Redo In ‘Extremely Frustrating’ Patent Case – The Federal Circuit states that fundamental questions need to be resolved before the court can make a decision regarding a patent claim construction fight.
• Rently Makes Section 101 Bid to High Court – Just as the Supreme Court kicked off its new term by denying to review a Section 101 eligibility decision, Rently urges the High Court to review its case.

Here’s the latest.

On October 7, 2020, the Supreme Court will hear oral arguments from the attorneys for two leading technology giants in the long-running software copyright case, Google LLC v. Oracle America, Inc. At issue is the availability of copyright protection for software interfaces, in particular Oracle’s Java SE declarations, and Google’s copying of such code that it contends is fair use.

• A Patent Crisis—Supreme Court Can Help America Compete Again – Former Chief Judge of the Federal Circuit, Randall Rader, discusses the need for a strong patent system in the United States in light of recent decisions and international competition.
• Federal Circuit Shoots Down Apple Bid to Strike Certain Voip-Pal Claims Upheld by PTAB – The Federal Circuit affirmed the PTAB’s finding of validity of Voip-Pal’s patent and upheld the sanctions granted against Apple in Apple Inc. v. Voip-Pail.com, Inc.
• IP at the Supreme Court: 2 Big Cases and a Lot of Long Shots – With the Supreme Court already granting certiorari to one case appealed from the Federal Circuit, other cases may also warrant review by the nation’s highest court.

Here’s the latest.

On Friday the Federal Circuit issued an order denying a petition for a writ of mandamus in In re Google, a case we have been following because it attracted amicus briefs. In the order, the court denied the petition because, it found, Google did not meet its heavy burden. Moreover, the court indicated that Google may obtain meaningful review after a final judgment is issued in its pending case. Here is a summary of the case and the order.

This morning, the Federal Circuit issued a nonprecedential opinion denying a petition for a writ of mandamus regarding a motion to transfer venue. Here is the text of the order.

Here is this month’s 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 patent cases in the “Other Cases” section of our blog. Today, with respect to these cases we highlight two dispositions, three new cases that attracted amicus briefs, two recent oral arguments, and one upcoming oral argument.

• Iancu Says Congress May Be Up For Patent Eligibility Reform – In an effort to enhance clarity and guidance for innovators, U.S. Patent and Trademark Office Director Andrei Iancu suggests that Congressional reform of Section 101 of the Patent Act may be the key to providing a more predictable and consistent analytical framework for determining what is patentable and what is not.
• Chanel Adds Camellia Drawing to its Arsenal of Trademarks – This past July, the U.S. Patent and Trademark Office granted trademark registration for Chanel’s five-petaled camellia drawing used in connection with the luxury brand’s products and packaging.
• Apple, Cisco, Google, Intel Sue PTO Over Its America Invents Act Policies – On Monday, Apple Inc., Cisco Systems Inc., and Intel Corp. sued PTO Director Andrei Iancu in the Northern District of California. Using a two-pronged litigation strategy, technology industry giants assert that the current USPTO policies deprive the tech industry of its access to the America Invents Act.

Here’s the latest.

This morning, the Federal Circuit issued one precedential opinion in a government contract case. The Federal Circuit also issued four nonprecedential opinions: one in a case appealed from the Merit Systems Protection Board, one in a patent case, one in a tax case, and one in a veterans case. Additionally, the Federal Circuit issued six Rule 36 judgments. Here are the introductions to the opinions and a list of the Rule 36 judgments.