Featured / What's Happening Now

Federal Circuit Grants Writ of Mandamus in In re Google LLC

As we reported earlier today, this morning the Federal Circuit issued a precedential order in In re Google LLC ordering that the case be dismissed or transferred from the United States District Court for the Eastern District of Texas for lack of venue. We have been tracking the case given the filing of an amicus brief in support of Google. As previously noted in our oral argument recap, Google petitioned the Federal Circuit for a writ of mandamus directing the district court to dismiss the case for lack of venue. The district court had found venue appropriate based on the presence of Google’s servers in the district. A panel of the Federal Circuit disagreed with that basis for venue, and Judge Wallach filed a concurring opinion. Here is a summary of today’s order and some reflections on both the panel’s decision and Judge Wallach’s concurrence.

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Opinions

Today’s Opinions – February 13, 2020

This morning the Federal Circuit issued a precedential order in In re Google LLC granting a writ of mandamus ordering the case be dismissed or transferred. The Federal Circuit also issued three precedential opinions in patent cases, one precedential opinion in a Merit Systems Protection Board case, and two nonprecedential opinions in related patent cases. Here is the text of the order and the introductions to the opinions.

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Opinions

Today’s Opinions – February 12, 2020

This morning the Federal Circuit issued one Rule 36 judgment. Here is the judgment.

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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. Highlights include one new petition related to obviousness, one amicus brief in support of a petition related to transfer, one notice of supplemental authority related to expert testimony and a response to the notice, and the denial of two petitions. Here are the details.

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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 discussion of patent eligibility cases pending at the Federal Circuit, a comment on the Federal Circuit’s recent grant of interlocutory review of a district court’s exclusion of all of a patent owner’s expert testimony related to damages, and a note about the Federal Circuit’s recent use of general knowledge in an analysis of patent law’s non-obviousness requirement.

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Opinions

Today’s Opinions – January 30, 2020

This morning the Federal Circuit issued one precedential opinion, one nonprecedential opinion, and one nonprecedential order, all in patent cases. Here are the introductions to the opinions and the text of the order.

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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 commentary on the copyright case Google LLC v. Oracle America, Inc. pending before the Supreme Court, a possible petition to the Supreme Court regarding standing to challenge Patent Trial and Appeal Board decisions, and updated oral argument guidelines issued by the Federal Circuit.

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Petitions / Supreme Court Activity

Recent Supreme Court Activity

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. In stark contrast to last week, it was a rather quiet week at the Court. Highlights include an additional amicus brief in Google LLC v. Oracle America, Inc., two responses to petitions, and one denial of a petition.

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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 includes highlights of amicus briefs filed in Google LLC v. Oracle America, Inc., a report on oral arguments heard before the Supreme Court in Romag Fasteners, Inc. v. Fossil, Inc., and a comment on the Supreme Court’s recent denial of certiorari in five petitions related to patent eligibility.

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Petitions / Supreme Court Activity

Recent Supreme Court Activity

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. As for merits cases, highlights include an oral argument and a slew of amicus briefs, respectively, in two cases. As for petitions, only one new petition was filed, and just a handful of response and reply briefs were filed. The Supreme Court, however, denied petitions in a large number of cases, including most notably in Athena, Hikma, and HP, as we previously discussed. Here are the details.

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