Petitions / Supreme Court Activity

Recent Supreme Court Activity

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, there is no new activity to report since our last update. With respect to petition cases, four new petitions were filed with the Court in two patent cases, a takings case, and a pro se case; reply briefs in support of petitions were submitted in a patent case and a case involving application of the Equal Access to Justice Act; and an amicus brief was filed in a patent case. Here are the details.

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Panel Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received four new responses to petitions raising questions related to choice of law, forum selection clauses, and injunctive relief; the process and standard for determining indefiniteness; and the standard for granting a motion to seal court records. The court also denied two petitions raising questions related to the on sale bar and claim construction. Here are the details.

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En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received three new petitions raising questions related to choice of law, forum selection clauses, and injunctive relief; the on-sale bar; and the standard for granting a motion to seal court records. The court also invited a response to a petition raising a question related to claim construction. Finally, the court received a motion to expedite issuance of a mandate and ordered a response to the motion in the previously-mentioned case raising questions related to choice of law, forum selection clauses, and injunctive relief. Here are the details.

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News

Recent News on the Federal Circuit

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 the “Federal Circuit sidestep[ed] [the] determination of generics’ skinny label as protection against induced [patent] infringement”;
  • an article detailing how the “Federal Circuit h[eld] that a price ‘quotation’ can trigger [patent law’s] on-sale bar”; and
  • another article analyzing how “Disney convince[d] [the] Fed. Circ. to reject [the] ‘Teen Tinker Bell’ trademark.”
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News

Recent News on the Federal Circuit

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

  • an article discussing how the “Federal Circuit h[eld] [that a] pre-critical date letter is [a] [c]ommercial offer for sale, triggering on-sale bar”;
  • a blog post asserting that the “Federal Circuit needs to clarify that CalTech Estoppel applies only to claims challenged via [inter partes review]”;
  • an article noting how “in-person arguments return to D.C.’s Federal Circuit as Omicron fades”; and
  • another article announcing the “2022 IP Outlook Report: the developments shaping trademark law.”
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Opinions

Opinions & Orders – February 10, 2022

This morning the Federal Circuit issued two precedential opinions in patent cases. The first opinion addresses issues related to the on-sale bar for a design patent. The second opinion addresses a district court’s finding after a bench trial that claims were invalid for failing to meet the non-obviousness requirement. Notably, Judge Newman wrote a dissenting opinion in this second case. The court also issued two nonprecedential opinions in an employment case and a veterans disability case. Finally, the court issued two Rule 36 judgments. Here are the introductions to the opinions and links to the Rule 36 judgments.

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