News

Recent News on the Federal Circuit

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

  • an article discussing the Federal Circuit’s trend of “directing Judge Alan Albright . . . to transfer a case to the Northern District of California”;
  • a blog post explaining how “the Federal Circuit reversed a finding of ineligibility for claims directed to a computer authentication method”;
  • an article assessing how the Federal Circuit “[a]ddress[ed] venue in the context of a Hatch-Waxman case” and “explained that sending a paragraph IV notice letter to a company in the district is insufficient to establish venue”; and
  • another article discussing a Federal Circuit ruling in a government contract case.
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Opinions

Opinions & Orders – November 15, 2021

This morning the Federal Circuit issued a nonprecedential opinion reviewing a judgment of the District of Delaware holding patent claims invalid for lack of eligibility. The Federal Circuit also issued four nonprecedential orders. The first order dismisses a petition for a writ of mandamus after notification by the parties that mandamus relief is no longer necessary. The other three orders all grant petitions for writs of mandamus directing the the Western District of Texas to transfer patent cases to the Northern District of California. Finally, the court issued two Rule 36 judgments. Here are the introductions to the opinions and orders and links to the Rule 36 judgments.

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En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit. In the only pending en banc case, a veterans case, the Department of Veterans Affairs filed its en banc brief. As for requests for rehearing en banc in patent cases, the court received a new petition filed by a pro se party and denied three petitions related to venue, eligibility, and claim construction. Here are the details.

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Opinions

Opinions & Orders – November 9, 2021

This morning the Federal Circuit issued a nonprecedential opinion addressing two consolidated appeals from judgments of the Patent Trial and Appeal Board. The court also issued two Rule 36 judgments in cases appealed from the Patent Trial and Appeal Board. Here is the introduction to the opinion and links to the Rule 36 judgments.

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En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received a new petition raising questions related to writs of mandamus. The court invited a response to a petition that raised questions concerning the inducement doctrine’s interaction with the Hatch-Waxman amendments, and the court received two amicus briefs in support of this petition. Finally, the court denied a petition for rehearing en banc in a case that raised a question relating to the nexus requirement for secondary considerations of non-obviousness. Here are the details.

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Opinions

Opinions & Orders – October 6, 2021

This morning the Federal Circuit issued a nonprecedential opinion in a patent case appealed from the United States District Court for the District of Minnesota. The court also issued a nonprecedential order granting a writ of mandamus to require transfer of a patent case from the Western District of Texas to the Northern District of California. Finally, the Federal Circuit also issued two Rule 36 judgments. Here are the introductions to the opinion and order and links to the Rule 36 judgments.

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En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit. In the only pending en banc case, a veterans case, five new amicus brief were filed in support of the appellant. As for requests for rehearing en banc in patent cases, the court received four new petitions raising questions relating to patent eligibility and claim construction. The court also invited a response to a petition that raised questions concerning the court’s handling of petitions for writs of mandamus seeking transfer in patent cases. Finally, the court received a response to a petition raising a question related to the appropriate timing of a notice of an interlocutory appeal. Here are the details.

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Opinions

Opinions & Orders – September 27, 2021

This morning the Federal Circuit issued a nonprecedential opinion in a patent case appealed from the Patent Trial and Appeal Board. The court also issued three nonprecedential orders. All three orders ruled on to petitions for writs of mandamus to transfer cases out of the Western District of Texas. The court denied petitions in two of the orders, but granted the petition in one of the orders. Here are the introductions to the opinion and orders.  

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News

Recent News on the Federal Circuit

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

  • a post commenting on the Federal Circuit’s rehearing grant rates and how to achieve rehearing at the court;
  • discussion of a letter sent by two U.S. senators to the U.S. Patent and Trademark Office concerning patent law’s disclosure requirements; and
  • an article discussing a recent case addressing subject matter eligibility of software claims based on improvement to computer functionality.
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Opinions

Opinions & Orders – August 31, 2021

This morning the Federal Circuit issued a precedential opinion in a trade case appealed from the United States Court of International Trade. The court also issued three nonprecedential opinions in employment and veteran cases appealed from the Merit Systems Protection Board and the United States Court of Appeals for Veterans Claims respectively. Finally, the court also issued six Rule 36 judgments. Here are the introductions to the opinions and links to the Rule 36 judgments.

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