FedCircuitBlog

Late yesterday, the Federal Circuit released two nonprecedential orders dismissing appeals. This morning, the court released one precedential opinion and three nonprecedential opinions. The precedential opinion and one of the nonprecedential opinions come in patent cases appealed form the District of Delaware. One of the other nonprecedential opinions comes in a government contract case appealed from the Court of Federal Claims, and one comes in another patent case appealed from the Eastern District of North Carolina. Here are the introductions to the opinions as well as links to the dismissals.

Here is an update on recent en banc activity at the Federal Circuit. Since our last update, one petition for initial en banc hearing was granted in a case decided by the Merit Systems Protection Board raising questions related to the President’s Article II removal power. Three new petitions for en banc rehearing have been filed raising questions related to burden of proving unpatentability in inter partes review proceedings, obviousness, enablement, and written description. One new response brief was filed in a case raising questions related to the domestic industry requirement. Finally, one petition was denied in a case raising a question related to Federal Rule of Evidence 702. Here are the details.

This morning, the Federal Circuit released two precedential opinions and one nonprecendential order. The first opinion comes in a veterans case appealed from the Court of Appeals for Veterans Claims, and the second comes in an international trade case appealed from the Court of International Trade. The order is a dismissal. Here are the introductions to the opinions and a link to the dismissal.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Since our last update, two new responses were filed. One responds to a petition raising questions related to infringement and claim construction in design patent cases. The other responds to a petition raising a question related to admissibility of expert testimony. Two new amicus briefs were also filed supporting a petition raising questions related to the domestic industry requirement at the International Trade Commission. Finally, the court denied two petitions in cases raising questions related to obviousness, apportionment, and eligibility. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Since our last update, five new petitions for en banc rehearing have been filed raising questions related to correction of inventorship, damages, the domestic industry requirement, and infringement. Three new amicus briefs were also filed in a case raising questions related to design patent infringement. Finally, four petitions were denied in cases raising questions related to eligibility and infringement. Here are the details.

This morning the Federal Circuit released one precedential opinion, five nonprecedential opinions, and one nonprecedential order. The precedential opinion comes in a patent case appealed from the International Trade Commission. One of the nonprecedential opinions in an appeal from a decision of the Patent Trial and Appeal Board, one comes in an appeal of a decision of the Merit Systems Protection Board, and three come in pro se appeals of decision of the Court of Appeals for Veterans Claims. The order is a dismissal. Here are the introductions to the opinions and a link to the dismissal.

This morning, the Federal Circuit released five nonprecedential opinions. All come in patent cases. Two are appeals from district courts, two are appeals from the Patent Trial and Appeal Board, and one is an appeal from the International Trade Commission. Here are the introductions to the opinions.

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

• a piece outlining factors “behind the Patent Office head’s recent refusal to have the agency institute certain proceedings”;
• an article discussing two recent decisions that “show how parties can navigate the draconian effect of an exclusion order by pursuing the simultaneous paths of a Federal Circuit appeal and ancillary proceedings” at the International Trade Commission and before U.S. Customs & Border Protection “to adjudicate a design-around”;
• a blog post highlighting how a recent filing “shines a spotlight on a structural vulnerability in how post-grant review is functioning in practice”; and
• an article examining “the Federal Circuit’s evolving view of two key trade secrets issues: (1) whether information was readily ascertainable and therefore not a trade secret; and (2) how and when plaintiffs must sufficiently define their trade secrets.”

Late Friday, the Federal Circuit released two nonprecedential orders dismissing appeals. This morning, the court released two nonprecedential opinions and another nonprecedential order dismissing an appeal. One of the opinions comes in an appeal of a decision of the International Trade Commission; the other comes in an appeal of a decision of the Court of Federal Claims. Here are the introductions to the opinions and links to the dismissals.

Last month, the Federal Circuit issued its opinion in Apple Inc. v. International Trade Commission, a patent case we have been following because it attracted an amicus brief. In this case, Apple appealed from a limited exclusion order issued by the International Trade Commission barring the importation of Apple Watches found to infringe patents owned by Masimo Corporation and Cercacor Laboratories, Inc. In an opinion authored by Judge Stark and joined by Judges Lourie and Reyna, the Federal Circuit affirmed the judgment of the International Trade Commission. This is our summary of the opinion.