FedCircuitBlog

Here is an update on recent en banc activity in patent cases at the Federal Circuit. Highlights include new petitions in two cases raising a question about whether an undisputed feature of prior art may serve as the basis for patent eligibility and questions about enablement of prior art. The court also denied a petition for en banc rehearing raising questions about attorneys’ fees. Here are the details.

This morning the Federal Circuit released one precedential opinion, two nonprecedential opinions, and one Rule 36 judgment. The precedential opinion reverses a grant of summary judgment in a patent infringement case and remands the case for further proceedings. The first nonprecedential opinion dismisses an appeal of a decision from the Court of Appeals for Veterans Claims, while the second nonprecedential opinion affirms a decision of the Merit Systems Protection Board. Here are the introductions to the opinions and a link to the Rule 36 judgment.

• Good News for Patentees: Bipartisan NSCAI Invokes National Security in Calling for Legislation to Clarify Patent Eligibility – A recent report released by a bipartisan congressionally-established commission lends powerful support to Section 101 reform initiatives.
• Dish Rejected in Bid to Revive Data Compression Patent Challenge – The Federal Circuit refused to jump-start a patent challenge after the Patent Trial and Appeal Board found that the challenge was time-barred.
• Method for Determining Haplotype Phase Found Subject Matter Ineligible – Applying the Alice framework, the Federal Circuit emphasized that a mathematical or scientific algorithm, without more innovation or improvement, is patent ineligible.

Here’s the latest.