FedCircuitBlog

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

• an article highlighting how the Supreme Court yesterday denied Apple’s petition for writ of certiorari in Apple Inc. v. Qualcomm Inc.;
• another article discussing how “two cases signal that the Federal Circuit and district courts are moving toward explicitly recognizing that parties to a mandatory arbitration clause can bargain away the right to file for inter partes review at the Patent Trial and Appeal Board”; and
• a blog post addressing how a flip in a recent Federal Circuit decision “appears to be the consequence of a change in panel composition.”

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

• an article detailing “orders [that] are the latest in a recent series from the Federal Circuit disagreeing with Albright’s analysis of transfer requests”;
• a blog post similarly discussing “[f]our new mandamus orders from the Federal Circuit stemming from Judge Alan Albright’s court in Waco Texas”;
• another article emphasizing the “the importance of contract principles in arbitrability determination[s]”; and
• another blog post explaining how “[t]he Federal Circuit [is] continu[ing] its stringent (if misguided) application of the scope of subject matter eligibility by invalidating claims.”

This morning the Federal Circuit issued two precedential opinions. The first opinion comes in a patent case appealed from the Northern District of California, and it addresses the propriety of a court determining whether to compel arbitration between parties. The second opinion comes in a trademark case appealed from the Trademark Trial and Appeal Board, and it addresses the law governing an allegation of fraud in the registration of a trademark. Here are the introductions to the opinions.

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

• an article discussing the long-term impact of the Federal Circuit’s decision concerning two patents covering the drug Eliquis;
• a report detailing the ITC’s urging of the Federal Circuit to uphold its ruling of infringement of Jeep’s trade dress;
• an article discussing a recent bid protest in the context of challenging government agency decisions; and
• a report focusing on a precedential order by the Federal Circuit regarding the PTAB’s conclusion that it is not bound by agreements to arbitrate validity disputes.

This morning the Federal Circuit issued a precedential order in a patent case dismissing appeals and denying a petition for a writ of mandamus concerning a decision by the Patent Trial and Appeal Board to institute inter partes review despite the alleged applicability of a prior agreement by the patent owner to arbitrate patent validity disputes. Notably, Judge O’Malley concurred-in-part and dissented-in-part. Here are the introductions to the order and Judge O’Malley’s opinion.