FedCircuitBlog

This morning, the Federal Circuit issued two precedential opinions in patent cases. The court also issued three nonprecedential opinions: one in a case involving an appeal from the Merit Systems Protection Board, one in a trade case, and one in a veterans case. Finally, the court issued four Rule 36 judgments. Here are the introductions to the opinions and a list of the Rule 36 judgments.

• ITC Ruling Offers Chance For Infringer Reprieve From Import Bans – For the first time, the U.S. International Trade Commission has suspended enforcement of a remedial order based on an earlier decision from the Patent Trial and Appeal Board.
• Racing Tribunals: The Judge, the Jury, and the PTAB – Later this fall, the U.S. Supreme Court will rule on the petition Personal Audio, LLC v. CBS Corporation. Dennis Crouch explores how this case adds an important third tribunal to the patent story.

Here’s the latest.

• Three lessons from the Federal Circuit’s recent 101 reversal in XY v Trans Ova Genetics – Partner John O’Quinn and Associate Hannah Bedard from Kirkland & Ellis delve into the key aspects and lessons to take away from the Federal Circuit’s recent precedential decision in XY v. Trans Ova Genetics.
• Court of Appeals Upholds Mighty Mug’s Trade Victory Against Patent-Infringing Chinese Imports – Mighty Mug, represented by Goetz Fitzpatrick, secured a victory in a fight against infringers who have been flooding the market with cheap knockoffs to Mighty Mug’s popular drinkware line.
• Apple v. Prepear: Does Apple Really Need All the Fruit? – The large tech company, Apple, claims that an image of a pear used in connection with a meal preparation app called Prepear is likely to cause consumer confusion and threatens to dilute the quality of its famous and distinctive mark. Nicole Page of IP Watchdog provides an inside glimpse into Apple’s newest opponent in its “battle for brand supremacy.”

Here’s the latest.

• Federal Circuit Affirms District Court’s Eligibility Analysis – In Packet Intelligence, LLC v. Netscout Systems, Inc., the court held NetScout willfully infringed Packet Intelligence’s patents, rejecting NetScout’s argument that the patents were directed toward an abstract idea.
• Nike and Adidas Escape Patent Claims Over Athletic-Shoe Soles – According to a Federal Circuit decision on July 16, the shoe companies did not infringe Akeva’s wear-reducing patent because the companies’ shoes do not have detachable soles.
• Patent invalidity claim is no cure for ITC’s import ban on grippy mugs – On July 16, the Federal Circuit ruled that a party cannot challenge a general ITC exclusion order barring importation of products for infringing a patent by claiming the patent is invalid.

Here’s the latest.

This morning, the Federal Circuit issued two nonprecedential opinions in patent cases, one nonprecedential opinion in a veterans case, one nonprecedential opinion in a Tucker Act case, and two nonprecedential Rule 36 judgments. Here are the introductions to the opinions and the judgments.

• Supreme Court Rejects Challenge to Steel Tariffs – The Supreme Court cemented the Trump administration’s victory over steel and aluminum importers by denying cert for American Institute for International Steel, Inc. v. United States.
• Cert Denied in Rovi-Comcast ITC Dispute – The Supreme Court also upheld the International Trade Commission’s ruling against Comcast by denying Comcast Corp. v. International Trade Commission.
• Federal Circuit Backs Ford’s Design Patent Win – Ford wins big in automotive patent infringement case upholding the lower court’s decision in Ford Global Technologies, LLC v. New World International, Inc.

Here’s the latest.

This post summarizes recent activity at the Supreme Court in cases decided by the Federal Circuit.

• After receiving three petitions last week, the Supreme Court received yet another petition from Lakshmi Arunachalam in Lakshmi Arunachalam, Petitioner v. SAP America, Inc.
• In Arthrex, Inc. v. Smith & Nephew, Inc., the petitioner submitted its reply to the Court, denouncing the claims made by the respondent and further advocating for their writ to be granted.
• Finally, the Supreme Court denied a total of eight different petitions this week, among that group of denied petitions are cases like Collabo Innovations, Inc. v. Sony Corp. and Comcast Corp. v. International Trade Commission. For the full list of denied petitions, see the list below.

Here are the details.

This post summarizes recent activity at the Supreme Court in cases decided by the Federal Circuit.

• The Supreme Court received six new petitions this week in (1) BioDelivery Sciences International, Inc., v. Aquestive Therapeutics, Inc., (2) Phazzer Electronics, Inc. v. Taser International, Inc., (3) Lakshmi Arunachalam v. Presidio Bank., (4) Lakshmi Arunachalam v. Apple, Inc., et al., (5) Lakshmi Arunachalam v. Wells Fargo Bank, N.A., and (6) Betzaida P. Jernigan v. Robert Wilkie, Secretary of Veterans Affairs.
• In Comcast Corp. v. International Trade Commission, Comcast submitted its reply to the ITC’s brief in opposition.
• Finally, the State of Indiana submitted identical amicus briefs in favor of the petitioners in both Jake LaTurner, Kansas State Treasurer v. United States and Andrea Lea, Arkansas State Auditor v. United States.

Here are the details.

This post summarizes recent activity at the Supreme Court in cases decided by the Federal Circuit.

• Two new petitions were docketed by the Supreme Court this week. Those cases were B.E. Technology, L.L.C., Petitioner v. Facebook, Inc. and Tonya Knowles, Petitioner v. Department of Veterans Affairs.
• The Supreme Court received four separate replies for the following petitions: (1) American Institute for International Steel, Inc. v. United States, (2) Baley v. United States, (3) Chrimar Systems, Inc. v. Ale USA Inc., and (4) CJ ChellJedang Corp. v. International Trade Commission.
• Finally, two new amicus briefs were submitted to the Court this week. The first by the Center for Auto Safety in Callan Campbell v. United States and the second by ACT | The App Association in TCL Communication Technology Holdings Limited v. Telefonaktiebolaget LM Ericsson.

Here are the details.

This post summarizes the recent activity at the Supreme Court in cases decided by the Federal Circuit.

• The Supreme Court received responses for the following five petitions: (1) American Institute for International Steel, Inc. v. United States, (2) Comcast Corp. v. International Trade Commission, (3) Chrimar Systems, Inc. v. Ale USA Inc., (4) CJ ChellJedang Corp. v. International Trade Commission, and (5) Ford Motor Co. v. United States.
• The Supreme Court received replies in the four following petitions: (1) Emerson Electric Co. v. SIPCO, LLC, (2) Enzo Life Sciences, Inc. v. Becton, Dickinson and Co., (3) Dr. Reddy’s Laboratories, Ltd. v. Eli Lilly and Co., and (4) Hospira, Inc. v. Eli Lilly and Co.
• In Chrimar Systems, Inc. v. Ale USA Inc., Baxter International filed an amicus brief in favor of the respondent.

Here are the details.