FedCircuitBlog

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

• a piece discussing how the Federal Circuit recently “said scientists Jennifer Doudna and Emmanuelle Charpentier will get another chance to show they ought to own the key patents on what many consider the defining biotechnology invention of the 21st century”;
• an article discussing how a panel of the D.C. Circuit “seemed skeptical” of Judge Newman’s argument “that a statute allowing courts to self-police instances of misconduct and disability is unconstitutional across the board”;
• a blog post criticizing a recent Federal Circuit decision that he says “appears to have unintentionally upended fundamental principles of [inter partes review] estoppel”; and
• a report that the Dana-Farber Cancer Institute and Memorial Sloan-Kettering Cancer Center filed an amicus brief with the Federal Circuit, urging the court to “review a decision rejecting Xencor’s application for an antibody patent.”

Today the Federal Circuit released four precedential opinions, a nonprecedential opinion, two summary affirmances, and a dismissal. Two of the precedential opinions comes in related patent cases. In the first opinion, the court dismisses an appeal from a decision of the Patent Trial and Appeal Board because the appellant did not have standing. Notably, Judge Hughes filed a concurring opinion. In the second opinion, the court reversed an order by the District of New Jersey granting a preliminary injunction. In the third precedential opinion the Federal Circuit affirmed a judgment of the District of Delaware in a patent case. In the fourth precedential opinion, the Federal Circuit affirmed a decision of the Trademark Trial and Appeal Board. The nonprecedential opinion comes in a pro se case appealed from the Court of Federal Claims. Here are the introductions to the opinions and links to the summary affirmances and dismissal.

Yesterday afternoon the Federal Circuit released five nonprecedential orders, which were all dismissals. This morning the Federal Circuit released two nonprecedential opinions and two nonprecedential orders. The first opinion affirms a dismissal for lack of jurisdiction by the Court of Federal Claims, while the second opinion affirms a judgment of the Court of Appeals for Veterans Claims. The first order transfers a case to the District of Arizona, while the second order is another dismissal. Here are the introductions to the opinions and transfer as well as links to the dismissals.

This morning the Federal Circuit released two precedential opinions. The first opinion comes in a patent case appealed from the Patent Trial and Appeal Board. In this opinion, the Federal Circuit vacates the Board’s affirmance of an examiner’s final rejection of claims. The second opinion comes in a veterans case appealed from the Court of Appeals for Veterans Affairs. In this opinion, the Federal Circuit affirms the denial of entitlement to service connection for a psychiatric disorder. The Federal Circuit also released six nonprecedential opinions. One denies a petition for a writ of mandamus to transfer a patent case from the Western District of Texas to the Northern District of California; one grants a petition for a writ of mandamus to undo an order by the Eastern District of Texas transferring two cases to the Central District of California; and four dismiss appeals. Here are the introductions to the opinions, text from the orders, and links to the dismissals.