FedCircuitBlog

This morning the Federal Circuit released a nonprecedential opinion in a patent case appealed from the Patent Trial and Appeal Board. The Federal Circuit also released four nonprecedential orders. One summarily affirms; one dismisses an appeal for lack of jurisdiction; and two grant joint motions to voluntarily dismiss. Here is the introduction to the opinion, text from the summary affirmance, and links to the dismissals.

This morning the Federal Circuit released two precedential opinions. The first comes in a trademark case appealed from the Trademark Trial and Appeal Board; the second comes in a patent case appealed from the Patent Trial and Appeal Board. Late yesterday and this morning the Federal Circuit also released three nonprecedential orders. One dismisses an appeal for lack of jurisdiction, subject to reinstatement; one dismisses an appeal for failure to prosecute; and one grants a voluntary motion to dismiss. Here are the introductions to the opinions and links to the dismissals.

This morning the Federal Circuit released two precedential opinions. The first opinion comes in a veterans case and addresses the prejudicial error analysis conducted by the Court of Appeals for Veterans Claims. The second opinion comes in an international trade case and addresses a tariff classification. Finally, the court late in the day yesterday released two nonprecedential orders dismissing cases. Here are the introductions to the opinions and orders.

This morning the Federal Circuit issued a precedential order in a patent case denying panel rehearing and rehearing en banc. Notably, Judge Lourie dissented from the denial of rehearing en banc, and his opinion was joined by Chief Judge Moore and Judge Newman. In the dissenting judges’ view, the panel decision confused patent law’s written description requirement. In addition to this order, the court also issued a nonprecedential opinion in a case appealed from the Court of Federal Claims concerning attorneys’ fees. Finally, late yesterday the court issued a nonprecedential order concerning a voluntary dismissal. Here are the introductions to the order and opinions.

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:

• a blog post discussing how, in a patent case addressing venue, “the Federal Circuit delved into franchise law — holding that independently owned and operated VW/Hyundai car dealerships located in the W.D. Texas do not count as a ‘place of business’ of the car distributors”; and
• an article analyzing how the Federal Circuit recently “affirm[ed] decisions by [the] International Trade Commission [and] patent board” in cases involving computer-chip patents.

This morning the Federal Circuit issued a precedential opinion in a patent case appealed from the Patent Trial and Appeal Board, a nonprecedential opinion in an employment case appealed from the Merit Systems Protection Board, and a precedential order granting two petitions for writ of mandamus against the Western District of Texas to dismiss or transfer cases. Finally, the Federal Circuit issued two Rule 36 judgments. Here are the introductions to the opinions and order and links to the Rule 36 judgments.

This morning the Federal Circuit issued a precedential opinion in consolidated patent cases appealed from the International Trade Commission and Patent Trial and Appeal Board. The court also issued a nonprecedential opinion in a veterans case appealed from the Court of Appeals for Veterans Claims. Here are the introductions to the opinions.

This morning the Federal Circuit issued a precedential opinion in a patent case appealed from the International Trade Commission. The case addresses whether the ITC abused its discretion in refusing to modify or rescind a civil penalty after a patent was found to be invalid. Here is the introduction to the opinion.

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 responses to the PTO’s 2021 patent eligibility study”;
• another blog post explaining how the Federal Circuit vacated and remanded an International Trade Commission decision in a patent case based on an abuse of discretion in admitting expert testimony;
• an article discussing how the Federal Circuit recently reversed a decision of the United States District Court for the Northern District of California to invalidate patent claims for indefiniteness; and
• another article detailing how “Qualcomm Inc. convinced the Federal Circuit that the U.S. Patent and Trademark Office improperly invalidated parts of its semiconductor patent based on admissions made in the patent itself.”

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:

• a blog post discussing venue in patent litigation in the context of “Chief Justice Roberts provid[ing] his annual year-end report on the federal judiciary”;
• an article analyzing arguments recently made for why a “suit against [an] ex-USPTO director should stay alive”; and
• another article explaining how the Federal Circuit recently “held that the term ‘lifter member’ invokes means plus function (MPF) claiming.”