Opinions & Orders – January 9, 2024

This morning, the Federal Circuit released one precedential opinion, four nonprecedential opinions, and two nonprecedential orders. The precedential opinion addresses an appeal involving two inter partes review proceedings, affirming decisions on claim construction and prior art challenges related to biomolecule identification. One nonprecedential opinion affirms Patent Trial and Appeal Board findings on obviousness and its decisions regarding evidence and discovery. Two nonprecedential opinions address appeals from the Merit Systems Protection Board, with one affirming the Board’s decision sustaining the removal of an employee and the other affirming the Board’s determination that it lacked jurisdiction. The final nonprecedential opinion affirms a district court’s conclusion that certain patent claims are ineligible, with a partial dissent related to claim construction and analysis of inventive concept. The nonprecedential orders are dismissals. Here are the introductions to the opinions and links to the dismissals.

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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 about a recent Federal Circuit decision concerning patent eligibility and how it allegedly distinguishes between collection of information and use of information;
  • an article about another Federal Circuit decision concerning patent eligibility concluding that “two IBM patents directed to technology that allows users to select and view results on a map were directed to ineligible subject matter”; and
  • another article about the Federal Circuit “affirm[ing] a lower court decision to dismiss [a] . . . lawsuit seeking damages” for revocation of a payout from a “government fund for victims of state-sponsored terrorism.”
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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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En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit in patent cases, including a report on a new petition and several denials of petitions.

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