FedCircuitBlog

• Federal Circuit Judge Calls High Court IP Decisions “Inconsistent” – At a conference on Thursday, Judge Raymond Chen noted that the Supreme Court’s policy towards novelty in the patent-eligibility inquiry seemed to be at odds with the Court’s decisions.
• Intel Trial Will Stay in Waco as Federal Circuit Declines to Weigh in – Judge Alan Albright will be able to hear the case involving VLSI Technology and Intel in Waco in February after the Federal Circuit’s decision in In re Intel Corp.
• Iancu Leaves Pro-Patentee Legacy as USPTO Director – Andrei Iancu stepped down on Wednesday after three years of instituting policies that favored patentees and that clarified USPTO procedures.

Here’s the latest.

The Federal Circuit did not publish any opinions this morning on its website. The court, however, did issue a nonprecedential order on January 21 that went uncovered on the blog. In the order, the court denied a request for a writ of mandamus blocking the transfer of a patent case from Austin to Waco, Texas. Here is text from that order.

Here is an update on recent en banc activity at the Federal Circuit. The court scheduled oral argument in a en banc veterans case. We will post an argument preview prior to the oral argument. Highlights in pending en banc petitions in patent cases include a new petition raising questions related to enablement and claim construction; a petition and an invitation for response in a case raising a question related to injunctive relief; a response to a petition raising a question related to venue in the context of Hatch-Waxman; and denials of four petitions raising questions related to intervention in inter partes review, claim construction, and due process. Here are the details.

This morning, the Federal Circuit issued a precedential opinion in a government contracts case, a nonprecedential opinion in a veterans case, and a nonprecedential opinion in a patent case. The Federal Circuit also denied two petitions for writs of mandamus in two nonprecedential orders. Finally, the court granted a petition for a writ of mandamus in another nonprecedential order. The writ of mandamus vacates an order by the Western District of Texas to hold a patent case in its Waco Division rather than its Austin Division. Here are the introductions to the opinions and text from the orders.

Here is an update on recent en banc activity in patent cases at the Federal Circuit. Highlights include new petitions raising questions related to inter partes review, eligible subject matter, and enablement; a new response to a petition addressing intervention; two new invitations to respond to petitions raising questions related to transfer of venue and inducement of infringement in the context of Hatch-Waxman; and the denial of a petition related to anticipation. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit. We have activity to report in both of the court’s two pending en banc veterans cases: a unanimous opinion in one and the filing of the appellant’s reply brief in the other. In patent cases with petitions for en banc rehearing, six new petitions have been filed raising questions related to patent eligibility, claim construction, due process, inducement of infringement in the context of Hatch-Waxman, and venue in the context of Hatch-Waxman. The court has also issued invitations for responses to petitions in two cases raising questions related to patent eligibility and intervention. And the court has denied three petitions raising questions related to obviousness, infringement and claim construction. Here are the details.

• Google Ruling Yields Patent Prosecution Appeal Prep Lessons – Jason German explains some of the benefits of appealing directly to the Federal Circuit during patent prosecution.
• Intel Urges Federal Circuit to Stop Patent Trial Move To Waco – Intel hopes the Federal Circuit will prevent the company from returning to Waco, Texas for trial in January.

Here’s the latest.

Here is an update on recent en banc activity at the Federal Circuit. Highlights include a new petition filed in a patent case raising questions related to intervention in inter partes review proceedings; a new response to a petition raising questions related to anticipation of patent claims; the denial of a petition raising questions related to claim preclusion; and the denial of a petition in a pro se case. Here are the details.

• Apple and Uniloc to Spar at Federal Circuit Over ‘Judge-Shopping’ – Apple and Uniloc are scheduled to appear before the Federal Circuit for a rare oral argument on a petition for a writ of mandamus.
• PTAB Strategies and Insights – September 2020: Does the Federal Circuit Treat APA Challenges Differently if Brought by Petitioner vs. Patent Owner? Yes. – The Federal Circuit came to different conclusions when examining final written decisions appealed by a patent owner as opposed to a petitioner.

Here’s the latest.

• Federal Circuit Extends Pandemic-Related Courthouse Closure – Restrictions on public access to the courthouse have been extended due to the pandemic, limiting entry to staff only until September 14.
• Federal Circuit reverses district court finding of patent ineligibility for sex selection technology patents – In XY, LLC v. Trans Ova Genetics, LC, the court found that the asserted claims were directed toward a patent-eligible improvement of a method for sorting particles, rather than an abstract idea.
• “Untethered” Obviousness Determination Reversed – the Federal Circuit vacated and remanded a PTAB finding of unpatentability because the board did not adequately support its reasoning in Alacritech, Inc. v. Intel Corp.

Here’s the latest.