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 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.
Read More

Opinions & Orders – September 8, 2021

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.

Read More