Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received and invited a response to a new petition raising questions related to enablement. The court also denied three petitions raising questions related definiteness, intervening rights, willfulness, unclean hands, claim construction, and the doctrine of equivalents. Here are the details.
Here is an update on recent en banc activity in patent cases at the Federal Circuit. The court received a new petition raising questions related to intervening rights, willfulness, and unclean hands, and the court invited a response to a petition raising questions related to claim construction and the doctrine of equivalents. Here are the details.
- Patenting Software-Related Inventions Is Getting Easier – Experts analyze Federal Circuit precedent and USPTO guidance to advance two recommendations for IP practitioners with regard to ensuring patent eligibility of inventions directed to software-related technologies.
- CAFC Reverses In-Part, Vacates In-Part PTAB Patentability Finding for Skin Cancer Detection Device – The Federal Circuit used an obviousness analysis and ruled that the PTAB erred in holding that patent claims directed at a skin cancer detection device were patentable.
- Federal Circuit Affirms District Court Decision Blocking Poultry Chiller Patent Suit Due to Equitable Intervening Rights – For the first time, the U.S. Court of Appeals for the Federal Circuit addressed the “boundaries of the phrase ‘protection of investments’ in [35 U.S.C.] § 252”, which outlines the effect of reissued patents.
Here’s the latest.
This morning, the Federal Circuit issued a precedential opinion in a patent case, a nonprecedential opinion in a government contracts case, and a nonprecedential opinion in a patent case. The court also issued a nonprecedential order in a patent case denying a petition for a writ of mandamus that would have directed the Northern District of California to vacate an order denying a motion to dismiss based on the first-to-file doctrine. Here are the introductions to the opinions.