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 blog post assessing the Federal Circuit’s “reject[ion] [of the] argument that . . . PTAB Judges have an improper financial interest in instituting AIA proceedings”;
  • an article discussing how General Motors, in a recent Federal Circuit decision, “beat back a challenge by computer-component maker Micro Mobio Corp” in a trademark dispute;
  • another blog post providing an update on a case “in which the court concluded that the USPTO cannot recover expert witness fees in actions brought under 35 U.S.C. § 145”; and
  • an article detailing how “Nokia Oyj, Sprint Corp., and Verizon Communications Inc. are cleared of allegations that their products infringe wireless network patents owned by Traxcell Technologies LLC.”
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Opinions

Opinions & Orders – October 12, 2021

This morning the Federal Circuit issued three precedential opinions. The first two come in related patent cases appealed from the Eastern District of Texas and address claim construction, infringement, and definiteness. The third comes in another patent case appealed from the District of Columbia and replaces an earlier opinion, issued by the Federal Circuit in August, regarding the shifting of attorney and expert witness fees in civil actions to obtain patents. The Federal Circuit also issued two nonprecedential opinions appealed respectively from the Court of Appeals for Veterans Claims and the Trademark Trial and Appeal Board. Finally, the Federal Circuit issued four Rule 36 judgments. Here are the introductions to the opinions and links to the Rule 36 judgments.

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Opinions

Opinions & Orders – August 18, 2021

This morning the Federal Circuit released a precedential opinion in a case addressing 35 U.S.C. § 145, which governs the shifting of fees in successful appeals from the U.S. Patent and Trademark Office to federal district court to challenge the rejection of patent applications. The court also released two nonprecedential opinions in a patent case and a government contract case. Here are the introductions to the opinions.

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News

Recent News on the Federal Circuit

The Arthrex Fix Is No Fix At All – In an article posted on iam-media.com, Paul Morinville reports that “[t]he long-awaited SCOTUS Arthrex decision does not provide the solution to the problem at the heart of the case.”

Texas Court Bounces Triller/TikTok Patent Dispute to California – Chris Cooke wrote an article on completemusicupdate.com reporting about how a Texas district judge sent a patent case between Triller and TikTok to the courts in California, perhaps due to criticism by the Federal Circuit.

Are 5% of All U.S. Issued Patents Presumed to Be Unenforceable Under Laches Due to Their Priority Claims? – On IPWatchDog.com, Kate Gaudry reports on the “potential impacts” of the recent Federal Circuit case Hyatt v Hirshfeld concerning prosecution laches.

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News

Recent News on the Federal Circuit

Fed. Circ. Won’t Make Albright Rebuke Precedential – Adam Lidgett on Law360 reported on how the Federal Circuit stated it will not “reissue as precedential a March decision rebuking Judge Alan Albright for repeatedly failing to rule on transfer motions in a timely manner.”

After Hyatt v. Hirshfeld, it Might Be Time to Pay Attention to Prosecution Laches – Kate Gaudry recently posted on IPWatchDog.com about the repercussions of Hyatt v. Hirshfeld and prosecution laches for attorneys.

Amazon, Macy’s, Dell, Others Free From Patent Infringement Suit – Perry Cooper, a legal reporter for BloombergLaw.com, reported on the aftermath of a recent decision made by the Federal Circuit in SpeedTrack, Inc. v. Amazon.com.

Here is the latest.

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News

Recent News on the Federal Circuit

Agency May Deny Patents if Inventors Delay Process, Court Says – Perry Cooper submitted an article on BloombergLaw.com about repercussions of a recent Federal Circuit case addressing prosecution laches, Hyatt v. Hirshfeld

How to Get “Boxed-In” and Blow a Judgment You Received: Sleeping in the Bed You Made – Five authors, Amanda Murphy, Brooke Winer, Melissa Santos, Grodan Wright, and Thomas Irving, wrote an article posted on NationalLawReview.com reporting on the holding from a recent Federal Circuit patent case, Cap Export, LLC v. Zinus, Inc., where the Federal Circuit affirmed a district court’s decision to set aside a judgment based on “affirmative misrepresentations” related to alleged prior art.

Recent Case Action Restores Confidence in Federal Whistleblowers – Mathew B. Tully reported on FedSmith.com that a recent decision by the Federal Circuit, Tao v. Merit Systems Protection Board, “has favorable implications for federal employee whistleblowers.”

Here is the latest.

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Opinions

Opinions & Orders – June 1, 2021

This morning the Federal Circuit issued a precedential opinion in a patent case appealed from the United States District Court for the District of Columbia. The Federal Circuit vacated and remanded the district court with respect to its decision addressing prosecution laches and held the remainder of the case in abeyance. Here is the introduction to the opinion.

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Featured / Petitions / Supreme Court Activity

Recent Supreme Court Activity – Report on October 1 Conference

Last week we provided a preview of the 27 petitions distributed for the Supreme Court’s October 1 conference in cases decided by the Federal Circuit. Here is a report on the order list the Supreme Court issued today as a result of its October 1 conference. In a nutshell, the Court denied or dismissed petitions for certiorari in 21 cases decided by the Federal Circuit, and left six other petitions pending.

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Petitions / Supreme Court Activity

Supreme Court Preview – October 1 Conference

This Tuesday the Supreme Court returns from its summer hiatus, holding its first conference of the 2019 Term. Here is a list of the petitions that have been distributed for Tuesday’s conference in cases decided by the Federal Circuit, organized by subject matter, along with some comments.

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