FedCircuitBlog

This morning the Federal Circuit released two precedential opinions, two nonprecedential opinions, and five nonprecedential orders. The first precedential opinions affirms a judgment of the Court of Appeals for Veterans Claims, while the second affirms a judgment of the Western District of Wisconsin in a patent case. As for the nonprecedential opinions, the first comes in an appeal from the Patent Trial and Appeal Board and the second in an appeal from the International Trade Commission. The five nonprecedential orders were all dismissals. Here are the introductions to the opinions and links to the dismissals.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to the two cases pending at the Supreme Court that were previously decided by the Federal Circuit, merits briefs and amicus briefs were filed. With respect to petitions, five new petitions were filed, three briefs in opposition to petitions were filed, two new waivers of the right to respond were filed, and one new amicus brief was filed. Here are the details.

This morning the Federal Circuit released two nonprecedential orders, both of which were dismissals. Here are links to the orders.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include new responses to three petitions raising questions relating to the authority of the International Trade Commission, the statutory experimental use exception to infringement liability, and the use of comparable licenses to calculate damages awards. The court also received two new amicus briefs supporting a petition relating to attorney fees and invited a response to the same petition. Finally, the court denied three petitions raising issues related to design patent law’s nonobviousness requirement, the statutory experimental use exception to infringement liability, and personal jurisdiction. Here are the details.

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

• an article discussing the legal battle between Judge Newman and “her fellow judges on the Washington, D.C.-based U.S. Court of Appeals for the Federal Circuit, who have tried to pressure her to step aside”;
• a blog post discussing a Federal Circuit opinion vacating an attorneys’ fees award in a patent case, an opinion authored by Western District of Texas Judge Alan Albright, who sat by designation;
• an article reporting on amicus briefs filed with the U.S. Supreme Court “urging it to leave in place” a Federal Circuit decision regarding the application of the obviousness-type double patenting doctrine to patent term adjustments; and
• an article discussing a Federal Circuit opinion holding that patent law’s on-sale bar still applies to secret processes after the America Invents Act.

This morning the Federal Circuit released one precedential opinion, two nonprecedential opinions, and one nonprecedential order. The precedential opinion affirms a decision of the International Trade Commission. The first nonprecedential opinion affirms a decision of the Court of Federal Claims to grant a motion for summary judgment of a claim and to dismiss another claim for lack of jurisdiction, and the second affirms a judgment of the Court of Federal Claims to dismiss a complaint due to it being barred by the statute of limitations. The order vacates a decision of the Merit Systems Protection Board. Here are the introductions to the opinions and a link to the order.

This morning the Federal Circuit released one nonprecedential opinion and six nonprecedential orders. The opinion affirms a judgment from the Western District Court of Pennsylvania in a patent case. The first order reinstates an appeal and vacates a previous judgment while also affirming a decision from the Trademark Trial and Appeal Board. All the other orders are dismissals. Here is the introduction to the opinion and links to the orders.

Earlier this month, the Federal Circuit heard oral argument in AliveCor, Inc. v. International Trade Commission, a patent case that attracted seven amicus briefs. In this case the Federal Circuit is reviewing a judgment of the International Trade Commission in a patent infringement dispute between AliveCor, Inc. and Apple Inc. Judges Hughes, Linn, and Stark heard the argument. This is our argument recap.

This week is Court Week at the Federal Circuit. In total, the court will convene 8 panels to consider 43 cases. Of these cases, the court will hear oral arguments in 35. The Federal Circuit is providing access to live audio of these arguments via the Federal Circuit’s YouTube channel. This month, three cases scheduled for oral argument attracted amicus briefs. Here’s what you need to know about these three cases.

There are three cases that will be argued this month at the Federal Circuit that attracted amicus briefs. Last week we reported on two of these cases. The third is AliveCor, Inc. v. International Trade Commision. In this case, the Federal Circuit will review a judgment of the International Trade Commission in a patent infringement dispute between AliveCor, Inc. and Apple Inc. On the one hand, the Commission found that certain patent claims asserted by AliveCor are invalid under under 35 U.S.C. § 101 and that certain claims are not infringed by Apple. The Commission also found that other claims are not invalid and are infringed. Both AliveCor and Apple appealed. This is our argument preview.