FedCircuitBlog

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.

This morning the Federal Circuit issued seven precedential opinions and orders in patent cases, along with one related nonprecedential opinion. These include the opinions and orders in the closely watched case of American Axle & Manufacturing v. NEAPCO Holdings LLC, which concerns the application of patent eligibility law. Notably, in that case the court vacated the prior panel opinion, issued a new panel opinion, and denied en banc rehearing by an evenly divided court. Here are the introductions to today’s opinions and text from today’s orders.

• Federal Circuit Won’t Undo Intel Wins – The Federal Circuit upheld PTAB rulings in Intel Corp. v. Alacritech, Inc., cementing victory for Intel and other tech companies.
• Flash-of-Genius as Evidence of Eligibility – Steve Morsa filed a new Supreme Court petition using the Court’s “flash of genius” argument to justify granting certiorari.
• Another Arthrex Petition – Arthrex filed its second petition, out of three total petitions for writ of certiorari, challenging the Federal Circuit’s decision in Arthrex, Inc. v. Smith & Nephew, Inc.

Here’s the latest.

This morning the Federal Circuit issued two precedential opinions in veterans cases; one nonprecedential opinion in a government contracts case; one nonprecedential opinion in a patent case; and one nonprecedential order denying a writ of mandamus. Here are the introductions to the opinions and text from the order.

This morning the Federal Circuit issued one precedential opinion in a trade case and three nonprecedential opinions in patent cases. Here are the introductions to the opinions.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include new petitions filed in four cases raising questions related to claim construction, persons who may petition for post-issuance review proceedings, and jurisdiction; three new responses to petitions raising questions related to venue, eligibility, non-obviousness, and claim construction; and the denial of petitions in six cases raising questions related to the Appointments Clause, non-obviousness, and eligibility. Here are the details

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include new petitions filed in seven cases raising questions related to the Administrative Procedure Act, obviousness, patent eligibility, and the Appointments Clause, and the denial of four petitions raising questions related to collateral estoppel and inter partes review, the Appointments Clause, and obviousness. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include new petitions filed in thirteen cases raising questions related to the Appointments Clause, venue, and claim construction and the denial of six petitions raising questions related to non-obviousness, anticipation, inherency, procedure, the statutory experimental use exception, and the Appointments Clause. Here are the details.