News

Recent News on the Federal Circuit

Here’s the latest.

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Argument Recap / Featured / Supreme Court Activity

Argument Recap – Google LLC v. Oracle America, Inc.

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.

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News

Recent News on the Federal Circuit

Here’s the latest.

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Argument Preview / Featured / Supreme Court Activity

Argument Preview – Google LLC v. Oracle America, Inc.

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.

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News

Recent News on the Federal Circuit

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Opinions / Panel Activity

Order Summary – In re Google

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.

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Opinions

Orders & Opinions – September 18, 2020

This morning, the Federal Circuit issued a nonprecedential opinion denying a petition for a writ of mandamus regarding a motion to transfer venue.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

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Panel Activity

Update on Important Panel Activity

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.

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News

Recent News on the Federal Circuit

  • 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.

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Opinions

Opinions & Orders – September 2, 2020

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.

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