FedCircuitBlog

On August 4, the Federal Circuit also issued an order denying a petition for a writ of mandamus in In re Google LLC, another case we have been following because it attracted an amicus brief. As in In re Apple Inc., the court denied the petition. The court held that “Google has not made a clear and indisputable showing that transfer was required.” The court reasoned it was not “prepared on mandamus to disturb those factual findings” of the district court. Here is a summary of the case and 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 cases in the “Other Cases” section of our blog. Today, with respect to these cases we highlight six dispositions, one new case, one case with new briefing, and one oral argument recap. Here are the details.

This morning the Federal Circuit released three precedential opinions, one in a patent case and two in employment cases. The precedential patent opinion addresses eligibility. The two precedential employment opinions address the interpretation and application of 38 U.S.C. § 714, which governs the removal, demotion, or suspension of employees of the Department of Veterans Affairs based on performance or alleged misconduct. Notably, Judge Newman dissented in one of these employment cases. The court also released a nonprecedential opinion in another patent case, and that opinion addresses claim construction. Here are the introductions to the opinions.

This morning the Federal Circuit issued a precedential opinion in a government contract case, a nonprecedential opinion affirming the denial of a Rule 60(b) motion, and a nonprecedential opinion in a veterans case. The court also issued three nonprecedential orders, including two orders in patent cases denying petitions for writs of mandamus seeking to order the Western District of Texas to transfer the underlying cases. Here are the introductions to the opinions and orders.

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 one disposition in a veterans law case, two oral argument recaps in a patent case and a veterans law case, four new patent cases, a patent case with new briefing, and four upcoming oral arguments in related Tucker Act cases. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received two pro se petitions. Additionally, the court denied a petition concerning post-institution discovery rulings by the Patent Trial and Appeal Board related to real-parties-in-interest disputes. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit. We are still waiting for the court to issue an opinion in Arellano v. McDonough, an en banc veterans case. As for pending petitions in patent cases, highlights include new petitions concerning Patent Trial and Appeal Board termination of inter partes review proceedings, reviewability of Board discovery rulings related to real-party-in-interest disputes, the utilization of expert witnesses in district court summary judgment proceedings, and standing before the Board. Here are the details.

This morning the Federal Circuit issued two precedential opinions, one reviewing a decision of the Merit Systems Protection Board and the other reviewing a decision of the Court of International Trade; two nonprecedential opinions, one reviewing another decision of the Merit Systems Protection Board and the other in a patent case; a nonprecedential order in Oracle America, Inc. v. Oracle LLC, on remand from the Supreme Court; and two Rule 36 summary affirmances. Here are the introductions to the opinions, text from the order, and a list of the summary affirmances.

• The Upshot of Google v. Oracle: An Absurd Ruling Will Lead to Absurd Results – This recent decision in copyright law may transform how copyrights in software are viewed and force copyright owners to be more secretive with their code.
• Federal Circuit Appears Unswayed by Patent Board Bias Attack – In oral argument, a majority of the panel seemed skeptical of New Vision’s argument of bias towards institution of IPRs by the PTAB.
• Justices Asked To Revisit “Life Issues” In Tinder’s IP Alice Win – The Supreme Court was asked to reconsider the Federal Circuit’s decision in NetSoc LLC v. Match Group LLC over concerns of the application of Alice to NetSoc’s patent.

Here’s the latest.

• Supreme Court Backs Google in Copyright Fight With Oracle – A 6-2 ruling ended the decade-long copyright dispute between Google and Oracle over Google’s use of Java programming code in its Android operating system.
• Apple Can’t Appeal Patent Board Rulings After Qualcomm Deal – In a precedential decision, the Federal Circuit ruled that a settlement agreement between Apple and Qualcomm bars Apple from challenging a PTAB decision that upheld two Qualcomm patents.
• Fitbit Wins Challenge to Health Technology Patent at Tribunal – On remand from the Federal Circuit, the Patent Trial and Appel Board ruled in favor of Fitbit and concluded that parts of a health-monitoring patent were invalid as obvious.  

Here’s the latest.