En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit. In a pending en banc case raising questions related to whether on-the-job exposure to the recent novel coronavirus entitled federal correctional officers to additional pay pursuant to various federal statutes, the appellant filed his en banc reply brief. As for petitions in patent cases, the court received a new petition raising a question related to anticipation and two responses to a petition raising questions related to patent eligibility. The court also denied three petitions raising questions related the standard for an award of attorneys’ fees, inter partes review estoppel, and assignor estoppel. Here are the details.

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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 responses to petitions raising questions related to assignor estoppel and inter partes review estoppel. The court also denied a petition filed by a pro se party. Here are the details.

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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 a pending en banc case raising questions related to whether on-the-job exposure to the recent novel coronavirus entitled federal correctional officers to additional pay pursuant to various federal statutes, the government filed its en banc response brief, and the Federal Circuit scheduled the case for oral argument in December. The court also invited responses to two petitions raising questions related to assignor estoppel and inter partes review estoppel. Finally, the court granted panel rehearing and denied rehearing en banc in response to a petition raising questions related to the process and standard for determining indefiniteness. 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:

  • an article about the disagreement between the Fifth Circuit and Federal Circuit over jurisdiction regarding “cases involving the intersection of intellectual property and antitrust law”;
  • another article about the Federal Circuit’s application of assignor estoppel in patent cases after the Supreme Court’s recent decision on point; and
  • a third article about a “rar[e] oil and gas production and oilfield services” patent infringement suit.
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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 a pending en banc case raising questions related to whether on-the-job exposure to the recent novel coronavirus entitled federal correctional officers to additional pay pursuant to various federal statutes, the court received two amicus briefs in support of the officers. The court also received a new petition in a patent case raising a question related to assignor estoppel. 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:

  • an article discussing how the Fifth Circuit “said it would ‘continue to disagree with the Federal Circuit’ over whether it has appellate jurisdiction over” appeals of Walker Process patent fraud cases;
  • a blog post highlighting how patent law’s “defense of assignor estoppel has been in flux”; and
  • a third article detailing how Koss Corp. is “vying to save one of its patents for wireless earphones and headphones that has been at the center of its infringement suits against Apple Inc. over its AirPods wireless earbuds.”
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Opinions

Opinions & Orders – August 11, 2022

This morning the Federal Circuit released three precedential opinions. The first comes in a trade case appealed from the Court of International Trade; the second comes in a patent case on remand from the Supreme Court; and the third comes in another patent case appealed from the Patent Trial and Appeal Board. The Federal Circuit also released three nonprecedential opinions. The first comes in another trade case appealed from the Court of International Trade; the second and third come from two veterans cases appealed from the Court of Appeals for Veterans Claims. Here are the introductions to the opinions.

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Opinions / Supreme Court Activity

Opinion Summary – Minerva Surgical, Inc. v. Hologic, Inc.

This past Tuesday, June 29, the Supreme Court decided Minerva Surgical, Inc. v. Hologic, Inc. In a five to four opinion, the Court upheld the doctrine of assignor estoppel but found that the Federal Circuit “failed to recognize the doctrine’s proper limits.” Justice Kagan authored the majority opinion, joined by Chief Justice Roberts and Justices Breyer, Kavanaugh, and Sotomayor. Justice Alito filed a dissenting opinion, as did Justice Barrett, who was joined by Justices Gorsuch and Thomas. Here is our summary of the Court’s opinions.

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News / Supreme Court Activity

Recent News on the Federal Circuit

This week and last the Supreme Court decided United States v. Arthrex, Inc. and Minerva Surgical, Inc. v. Hologic, Inc., two patent cases appealed from the Federal Circuit. Here is a report on recent articles and blog posts related to these cases.

USPTO Provides Guidance on Director Review Process Under Arthrex – On IPWatchDog, Eileen McDermott and Steve Brachmann write about how after the Arthrex decision the Patent and Trademark Office announced that it would implement the Supreme Court’s remedy using an interim rule that gives the Acting Director the authority to consider requests for reconsideration of final decisions made by the Patent Trial and Appeal Board.

What Will Arthrex Review Look Like? – Bradley Roush and George E. Quillin posted an article on the National Law Review raising questions many are having about how the Patent and Trademark Office will implement the new Director-led review process.

Justices Uphold a Narrow Version of Patent Assignor Estoppel – On SCOTUSBlog, Eric M. Fraser discusses how the Supreme Court reached its decision in Minerva narrowing the doctrine of assignor estoppel.

Professor Kagan v. Professor Barrett, Round 1 of N – On the Volokh Conspiracy, Josh Blackman posts about how in the Minerva case “two former professors were on opposite sides of the docket.”

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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 granted cases, this week the Court decided Minerva Surgical, Inc. v. Hologic, Inc., in which the Court overturned the Federal Circuit’s approach to the assignor estoppel doctrine. Additionally, three cases were granted, vacated, and remanded based on the decision in United States v. Arthrex, Inc. regarding application of the Appointments Clause to administrative patent judges. As for petition cases:

Here are the details.

  • a reply brief was submitted in support of a petition in a government contract case;
  • the government filed a waiver of right to respond in a patent case;
  • the Court dismissed one petition; and
  • the Court denied five petitions, including four regarding application of the Appointments Clause to administrative patent judges.
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