FedCircuitBlog

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Since our last update, two new petitions for en banc rehearing have been filed raising questions related to damages and the Administrative Procedure Act. One new response was filed in a case raising a question related to appellate procedure. One new amicus brief was filed in a case raising questions related to enablement and written description. Finally, one petition was denied in a case raising a question related to inventorship. Here are the details.

Recently the Federal Circuit issued its opinion in Constellation Designs, LLC v. LG Electronics Inc., a patent case we have been following because it attracted an amicus brief. In this case, LG Electronics appealed a judgment of the Eastern District of Texas, which granted summary judgment of eligibility and denied judgment as a matter of law of noninfringement. In an opinion authored by Judge Stoll and joined by Judges Lourie and Oetken, a district judge from New York sitting by designation, the panel vacated-in-part, affirmed-in-part, and remanded the district court’s judgment. This is our summary of the opinion.

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

• a blog post reporting how the New Civil Liberties Alliance filed a reply brief at the Supreme Court on behalf of Judge Newman;
• a blog post highlighting how “a unanimous court rejected the idea that a generics pharmaceutical manufacturer . . . can be held responsible for infringements of patents held by the branded manufacturer . . . based on the decisions of doctors and pharmacies to use the generic compound for patented uses of the drug”;
• a blog post explaining how, when “[c]onfronted with four patents drawn to the same basic invention, the Federal Circuit held one group of claims ineligible and a second group eligible”; and
• a blog post discussing how “more than a dozen patent matters now sit before the [Supreme] Court.”

Here is an update on activity in patent cases pending before panels of the Federal Circuit where the cases have attracted at least one amicus brief. We keep track of these cases in the “Other Cases” section of our blog. Today, with respect to these cases, we highlight two recent opinions and one recent order, four newly identified cases, and two recent oral arguments. Here are the details.

Late yesterday, the Federal Circuit released a nonprecedential order dismissing an appeal. This morning, the court released a precedential opinion in a patent case, a nonprecedential opinion in a veterans case, and two additional nonprecedential orders dismissing appeals. Here are the introductions to the opinions and links to the dismissals.

Late Friday, the Federal Circuit released a nonprecedential order dismissing an appeal. This morning, the Federal Circuit released two nonprecedential opinions and four Rule 36 judgments. Both opinions come in appeals of decisions of the Merit Systems Protection Board. Here are the introductions to the opinions and links to the judgments and dismissal.

Three cases being argued at the Federal Circuit in December attracted amicus briefs. One of these cases is Constellation Designs, LLC v. LG Electronics Inc., a patent case. In it, LG Electronics Inc., LG Electronics U.S.A., Inc., and LG Electronics Alabama, Inc. appeal a district court’s grant of summary judgment of eligibility and its order denying judgment as a matter of law of noninfringement and no damages.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Since our last update, one new petition for en banc rehearing was filed, raising questions related to claim construction, patent eligibility, and appellate procedure. The court also denied four petitions for en banc rehearing. Those petitions raised questions related to the presumption of validity and the written description requirement, Rule 36, attorneys’ fees, and obviousness, and claim construction. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Since our last update, the Federal Circuit has invited a response to a petition raising a question related to claim construction and preambles; one new response has been filed to a petition that raises a question related to the presumption of validity and the written description requirement; and three petitions for en banc rehearing have been denied in cases raising questions related to ineligibility, claim construction, and prosecution history estoppel. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Since our last update, the Federal Circuit invited a response to a petition raising a question related to the presumption of validity. The Federal Circuit also denied a petition for rehearing en banc in a patent case that asked the court to review questions related to claim construction. Here are the details.