FedCircuitBlog

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. In the only pending case, a patent case addressing inducement of infringement and so-called skinny-labeling, we have posted our argument recap. As for pending petitions, since our last update, two new petitions were filed; three waivers of the right to respond to petitions were filed; four briefs in opposition were filed; two reply briefs were filed; and the Supreme Court denied a petition. Here are the details.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. In the only pending case, a patent case addressing inducement of infringement and so-called skinny-labeling, there has been no new activity since our last update. As for pending petitions, since our last update no new petitions have been filed in cases decided by the Federal Circuit; one waiver of the right to respond to a petition was filed in a patent case addressing sanctions; and four amicus briefs were filed in another patent case addressing prosecution laches. Here are the details.

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today we highlight:

• a blog post describing a petition at the Supreme Court as a battle with the Federal Circuit over “prosecution laches—and whether the doctrine even exists”;
• a blog post characterizing a Federal Circuit decision as “a masterclass in the consequences of acting as one’s own lexicographer” and “a stark reminder that definitions placed in patent specifications carry enormous weight”;
• an article reporting how the Patent and Trademark Office has “significantly expanded design patent protections with its guidance for claiming computer-generated images shown using virtual reality, holograms and similar technologies”; and
• a blog post emphasizing how the Supreme Court “left a variety of questions open” in its decision affirming the Federal Circuit in President Trump’s tariffs case.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. In the only pending case, a patent case addressing inducement of infringement and so-called skinny-labeling, since our last update five amicus briefs were filed that support neither party. As for pending petitions, since our last update three new petitions were filed in a patent case, a takings case, and a case addressing use of Federal Circuit Rule 36. In addition, a waiver of the right to respond a petition was filed in a pro se case, a reply brief was filed in support of a petition in a patent case, and the Supreme Court denied a petition in another patent case. Here are the details.

This morning, the Federal Circuit released a precedential opinion in a patent case. The opinion addresses prosecution laches and Article III jurisdiction. This is the court’s second time hearing the case, following an earlier decision in 2021. Here is the introduction to the opinion.

Today the Federal Circuit released a precedential opinion affirming in part, vacating in part, and remanding in part a case involving an interference between patent applications related to CRISPR-Cas9. The court also released two nonprecedential opinions in two pro se cases, four Rule 36 summary affirmances, and two nonprecedential orders dismissing appeals. Here are the introductions to the opinions and links to the summary affirmances and dismissals.

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:

• an article noting how the Federal Circuit recently held oral argument in a case asking “whether prosecution laches is a legitimate doctrine that can render any patent unenforceable if it takes longer than six years to obtain the patent from the United States Patent and Trademark Office”;
• a blog post discussing how the Federal Circuit recently “issued a significant trade secret remedies decision”;
• a report highlighting a recent Federal Circuit trademark case holding that “acquired distinctiveness is ‘determined on the entire record’”; and
• a piece asserting a recent Federal Circuit trademark decision ”goes beyond financial services and has implications for brands across industries.”

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:

• a blog post arguing that in a recent case “the Federal Circuit was wrong in affirming the district court’s refusal to enhance damages”;
• a piece likening the current U.S. patent system to the Titanic, asserting it is “fast approaching an iceberg with disaster imminent”;
• a report explaining how the Supreme Court recently “declined to hear a patent owner’s challenge of the court’s framework for analyzing potentially abstract ideas not eligible for patent protection”; and
• an article reporting how the Federal Circuit “has refused to revisit its decision forcing Teva Pharmaceuticals to delist certain inhaler patents from the US Food and Drug Administration’s (FDA) Orange Book.”

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, the Supreme Court heard arguments this week in Arellano v. McDonough, a veterans case. With respect to petitions, two new petitions were filed with the Court in a patent case and a pro se case; the government waived its right to respond to a petition filed in a pro se case; the Court invited the Solicitor General to file briefs expressing the views of the United States in two patent cases related to so-called skinny labelling and eligibility, respectively; a supplemental brief was filed in a patent case raising questions related to patent law’s enablement requirement; a reply brief was submitted in a veterans case addressing the standard of proof governing rejection of disability claims; and, finally, the Court denied more than 20 petitions. Here are the details.

This morning the Federal Circuit released three precedential opinions. The first comes in a patent case appealed from the Eastern District of Virginia; the second comes in a trade case appealed from the Court of International Trade; and the third comes in a veterans case appealed from the Court of Appeals for Veterans Claims. Notably, in the trade case, Judge Newman dissented. The Federal Circuit also released three nonprecedential opinions in patent cases appealed from the Court of Federal Claims, the District of South Carolina, and the Patent Trial and Appeal Board, respectively. Finally, the Federal Circuit released a nonprecedential order dismissing an appeal for failure to prosecute and a Rule 36 judgment. Here are the introductions to the opinions, a link to the dismissal, and a link to the Rule 36 judgment.