FedCircuitBlog

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

• an article suggesting that “[t]wo decisions issued by the U.S. Court of Appeals for the Federal Circuit within the past couple of months have brought” the difference between patent and trademark preemptive infringement remedies “into sharper focus”;
• a blog post discussing how “[p]atent filings are now mined not only by competitors, but by governments, intelligence agencies, sovereign investors, and increasingly sophisticated artificial intelligence systems capable of analyzing millions of documents simultaneously”;
• an article highlighting how “[t]wo important patent prosecution data points that are in tension: [t]he vast majority of patent applications are initially rejected by the patent examiner; and [t]he vast majority of patent applications eventually issue as a patent”; and
• an article arguing that, “over the past several months, the Trump administration has eroded” the Merit System Protection Board’s “authority in a series of steps that some former officials say have left the board a shell of the institution it once was.”

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

• a blog post suggesting a recent Federal Circuit “decision is important because it overturns USPTO policy implementing” the America Invents Act and, “ultimately, . . . gives patent owners a new way to knock out references that reach back to a priority filing date”;
• a blog post contemplating how the “absence of a presumption of irreparable harm” in a recent Federal Circuit decision “remains a fraught issue”;
• a blog post reporting that “[f]ormer Deputy Director of the U.S. Patent and Trademark Office, Coke Morgan Stewart, has joined the Council for Innovation Promotion as President and CEO;” and
• an article arguing that President “Trump’s resistance to judicial review goes beyond criticizing the reasoning or conclusions of judges who rule against him.”

Late yesterday, the Federal Circuit released a nonprecedential order dismissing an appeal. This morning, the court released two precedential opinions and one nonprecedential opinion. The first precedential opinion comes in a Tucker Act case appealed from the Court of Federal Claims. The second precedential opinion and the nonprecedential opinion come in separate patent cases appealed from the Southern District of Florida. Here are the introductions to the opinions as well as a link to the dismissal.