FedCircuitBlog

Earlier this month, the Federal Circuit heard oral argument in a patent case we have been following because it attracted multiple amicus briefs. The case, Google LLC v. Sonos, Inc., raises questions concerning prosecution laches, the written description requirement, and the boundaries of judicial discretion at trial. Judges Prost, Reyna, and Hughes heard the oral argument. This is our argument recap.

Here is an update on recent en banc activity at the Federal Circuit. Since our last update, the government filed its response brief in President Trump’s appeal challenging judgments and injunctions entered by the Court of International Trade in cases related to his tariffs. Additionally, the Federal Circuit received two new responses to petitions for en banc review filed in patent cases along with two new amicus briefs in a patent case and a takings case. Finally, the court recently denied one petition for en banc review in a patent case. Here are the details.

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today we highlight:

• an article highlighting how the “U.S. Patent and Trademark Office urged the Federal Circuit on Friday to reject allegations that its handling of policies governing Fintiv-based discretionary denials violates due process”;
• a blog post discussing how the Federal Circuit “reversed a $106 million jury verdict” in “a decision that broadens the reach of prosecution history estoppel (and thus limits doctrine of equivalents)”; and
• an article suggesting that the Federal Circuit “took an important initial step toward recalibration” when it “mandated the retrial of a $20 million damages ruling in EcoFactor, Inc. v. Google LLC.“

Here is an update on recent en banc activity at the Federal Circuit. Since our last update, the parties filed their en banc briefs in a pending case raising questions related to statutory interpretation and agency deference in the context of a regulation adopted by the Office of Personnel Management related to overtime pay. Two amicus briefs were also filed in President Trump’s appeal challenging judgments and injunctions entered by the Court of International Trade in cases related to his tariffs. Additionally, the Federal Circuit invited a response from appellants in two patent cases and denied three petitions. Here are the details.

Late yesterday, the Federal Circuit released one nonprecedential order dismissing an appeal in a patent case. This morning, the court released one precedential opinion in a patent case appealed from the District of New Jersey. The Federal Circuit also released five additional nonprecedential opinions in two patent cases, two veterans cases, and two cases appealed from the Merit Systems Protection Board. Finally, the court issued one Rule 36 judgment, one nonprecedential order dismissing an appeal for lack of jurisdiction, and one nonprecedential order transferring an appeal. Here are the details.

This week is Court Week at the Federal Circuit. The court will convene 9 panels to consider 54 cases. Of the 54 cases, the court will hear oral argument in 35 cases. The Federal Circuit provides access to live audio of these arguments via the Federal Circuit’s YouTube channel. This Court Week, two cases scheduled for oral argument attracted amicus briefs. Here’s what you need to know about these two cases.

As we noted earlier this week, two cases being argued in July at the Federal Circuit attracted amicus briefs. The second of those cases is Google LLC v. Sonos, Inc., a patent case. In this case, Sonos appeals a judgment of a district court, raising questions concerning prosecution laches, written description and priority dates, and summary judgment of invalidity. This is our argument preview.

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 cases in the “Other Cases” section of our blog. Today, with respect to these cases, we highlight a new opinion issued in a patent case resolving a dispute related to claim construction, a new amicus brief in a patent case addressing discretionarily denials of petitions for inter partes review based on parallel district court litigation, a response brief in a patent case involving a dispute related to claim construction, and an intervenor brief filed by the Acting Director of the U.S. Patent and Trademark Office in a case involving an appeal and cross-appeal from an inter partes review proceeding. Finally, the court scheduled oral argument next month in two cases that attracted amicus briefs. Here are the details.

This morning, the Federal Circuit released four nonprecedential opinions, two in patent cases, one appealed from the Armed Services Board of Contract Appeals, and one appealed from the Merit Systems Protection Board. The Federal Circuit also released two nonprecedential orders dismissing appeals in one MSPB case and one patent case. Here are the introductions to the opinions and links to the dismissals.

This morning, the Federal Circuit released one precedential opinion, two nonprecedential opinions, one nonprecedential order dismissing an appeal, and one errata. In the precedential opinion, the court dismissed an appeal from the International Trade Commission for lack of jurisdiction. Both of the nonprecedential opinions were appealed from the Patent Trial and Appeal Board following inter partes review proceedings. Here are the introductions to the opinions and links to the dismissal and errata.