FedCircuitBlog

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received four new petitions raising questions related to the scope of usable prior art in inter partes review proceedings, motivation to combine prior art references, and the presumption of nexus in a non-obviousness analysis. The court received a response to a petition raising questions related to claim construction and a response to a motion to expedite issuance of the mandate in a case raising questions related to choice of law, forum selection clauses, and injunctive relief. The court also invited a response to the petition already mentioned that raised a question related to motivation to combine prior art references. Finally, the court denied three petitions raising questions related to claim construction and the written description requirement. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received two new petitions raising questions related to claim construction; a new response to a petition raising questions related to an alleged conflict of interest and summary affirmances; and a new amicus brief in support of a petition raising a question related to the written description requirement. Finally the court denied a petition for rehearing en banc raising questions related to inducement of infringement and an evidentiary rule. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit. Recently the Federal Circuit granted en banc review in one veterans case, and last week the en banc court heard oral argument in another veterans case. As for petitions for en banc review in patent cases, the court invited a response to a petition raising a question related to claim construction. The court also received three new responses to petitions raising questions related to the Appointments Clause, claim construction, and the written description requirement. Finally, the court denied a petition raising questions related to the inducement doctrine’s interaction with the Hatch-Waxman Amendments. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received two new petitions raising questions related to the written description requirement and the standard of review for the grant or denial of a preliminary injunction. The court also invited a response to a petition raising a question related to the written description requirement. Here are the details.

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 whether Section 1052(c) of the Lanham Act is “a “First Amendment-free zone”;
• an article analyzing Cellspin Soft’s challenge of the U.S. Patent and Trademark Office’s denial of “Director review following a pair of inter partes review (IPR) proceedings”;
• another article discussing the Federal Circuit’s affirmation of a Patent Trial and Appeal Board ruling “that certain claims were invalid as anticipated by an earlier priority application from the same family”; and
• yet another article explaining how the Trademark Trial and Appeal Board determined that “[a] trademark registration applicant can’t register a mark for a business that is in the ‘nascent stage.’”

This morning the Federal Circuit released one precedential opinion and two nonprecedential opinions. The precedential opinion comes in a patent case appealed from the Patent Trial and Appeal Board, and in it the court affirms the PTAB’s decision over a partial dissent by Judge Linn. The nonprecedential opinions come in a trademark case appealed from the Trademark Trial and Appeal Board and a veterans case appealed from the Court of Appeals for Veterans Claims. Here are the introductions to the opinions.