FedCircuitBlog

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

• a blog post arguing the Federal Circuit’s application of the judicial exceptions to patentability for software patents “has resembled less a coherent legal standard and more a series of freely-improvised opinions”;
• an article discussing a recent Federal Circuit decision holding that “composition of matter claims covering engineered cells containing DNA from two different organisms chemically spliced together are not patent-ineligible natural phenomena”;
• a blog post addressing how the repeal of 35 U.S.C. § 102(f) “left an open question that the patent bar has been debating for more than a decade: can incorrect inventorship still be raised as a defense in patent litigation?”; and
• a blog post exploring a recent Federal Circuit decision in which the court “couldn’t determine whether the plaintiff suffered a physical taking of its radio license” because the parties had not adequately briefed whether a federal statute created “a private property right.”

Here is an update on activity in 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 seven recent opinions, one recent order, and two newly-identified cases. Here are the details.

Earlier this month, the Federal Circuit released its opinion in Ligado Networks LLC v. United States, a takings case we have been following because it attracted two amicus briefs. In this case, the court considered an interlocutory appeal from the Court of Federal Claims presenting questions related to a radio license issued under the Communications Act. In an opinion authored by Judge Taranto and joined by Judges Moore and Stoll, the panel affirmed in part, vacated in part, and remanded in part. This is our summary of the opinion.

This morning, the Federal Circuit released three nonprecedential opinions, one Rule 36 judgment, and one errata. All three opinions come in pro se appeals of decisions of the Court of Federal Claims. Here are the introductions to the opinions and links to the judgment and errata.

This morning, the Federal Circuit released one precedential opinion, three nonprecedential opinions, three Rule 36 judgments, and two nonprecedential orders dismissing appeals. The precedential opinion comes in an appeal of a decision of the Patent Trial and Appeal Board in an inter partes review proceeding. The first nonprecedential opinions comes in a patent infringement case appealed from a district court. The second comes in an appeal of a decision of the Court of Federal Claims in a takings case. The third comes in an appeal of a decision of the Merit Systems Protection Board. Here are introductions to the opinions and links to the judgments and dismissals.

Earlier this month, the Federal Circuit Court heard oral argument in Ligado Networks LLC v. United States, a takings case we have been following because it attracted two amicus briefs. In this case, the United States appeals a decision of the Court of Federal Claims, arguing it erred by exercising jurisdiction over the case and treating a license from the Federal Communications Commission as property under the takings clause. Chief Judge Moore, Judge Taranto, and Judge Stoll heard the oral argument. This is our argument recap.

This week is Court Week at the Federal Circuit. The court will convene 12 panels to consider 58 cases. Of the 58 cases, the court will hear oral argument in 43. The Federal Circuit provides 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.

As we reported earlier this week, three cases being argued at the Federal Circuit in February attracted amicus briefs. One of these cases is Ligado Networks LLC v. United States, a takings case. In it, the United States appeals a decision of the Court of Federal Claims, arguing it erred by exercising jurisdiction over the case and treating a license from the Federal Communications Commission as property under the takings clause. This is our argument preview.

Late yesterday, the Federal Circuit released a nonprecedential order dismissing an appeal. This morning, the Federal Circuit released two nonprecedential opinions in related cases affirming decision of the Merit Systems Protection Board. The court also released four nonprecedential orders. The first nonprecedential order grants the government’s petition to appeal and denies a cross-petitioner’s petition to appeal. The second nonprecedential order denies another petitioner’s permission to appeal. The third nonprecedential order summarily affirms a judgment. The fourth nonprecedential order dismisses an appeal. Here are the introductions to the opinions and orders ruling on petitions to appeal and links to the summary affirmance and dismissals.