FedCircuitBlog

Earlier this month, the Federal Circuit heard oral argument in New Vision Gaming & Development, Inc. v. LNW Gaming, a patent case. In it, the Federal Circuit considered an appeal from two judgments of the Patent Trial and Appeal Board in covered business method review proceedings. New Vision contended the overall structure for instituting and funding post-grant review proceedings under the America Invents Act “creates impermissible incentives for the PTAB, its leadership, and the individual administrative patent judges.” These incentives, New Vision argued, violate the Due Process Clause of the Constitution. New Vision also argued the “petitions should have been denied pursuant to the contractual obligation that all disputes over the [relevant] agreement are to be resolved in a Nevada court.” Judges Lourie, Prost, and Reyna heard the argument This is our argument recap.

This morning, the Federal Circuit released one nonprecedential opinion and five Rule 36 summary affirmances. The opinion addresses an appeal from a judgment of the Merit Systems Protection Board. Here is the introduction to the opinion and links to the summary affirmances.