FedCircuitBlog

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

• an article discussing comments Judge Newman made in a recent interview regarding the ongoing dispute regarding her fitness to serve as a judge;
• an article covering statements made by Andrei Iancu, the former head of the U.S. Patent and Trademark Office, and former Federal Circuit Judge Kathleen O’Malley, who both recently joined Sullivan & Cromwell; and
• a blog post about how a recent Federal Circuit decision “zeroes in on the motivation-to-combine analysis” and allegedly provides more clarity on what makes a proper obviousness analysis as a whole.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include two new petitions raising questions concerning actual reduction to practice and obviousness. The court also denied another petition raising a question related to obviousness. Here are the details.

This morning, the Federal Circuit released a precedential opinion in a patent case. In it, the court vacated and remanded a Patent Trial and Appeal Board judgment that challenged claims were not unpatentable for obviousness. The court also released three nonprecedential orders, two dismissing appeals for untimeliness and one dismissing an appeal for failure to prosecute. Here is the introduction to the opinion, text from the dismissals for untimeliness, and a link to the dismissal for failure to prosecute.

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

• an article and a blog post discussing potential impact of the Supreme Court’s grant of certiorari in a trademark case decided by the Federal Circuit;
• a blog post highlighting “five tips for IPR practice” in light of the Federal Circuit’s ruling in a precedential case regarding inter partes review; and
• an article about the impact on attorney fee motions after the Federal Circuit’s decision in a patent case dealing with attorney fees and non-taxable costs under 35 U.S.C. § 285.

This morning, the Federal Circuit released a precedential opinion in a patent case addressing co-inventorship. The court also released four nonprecedential opinions, one in a patent case and three in pro se cases. Additionally, the court released five nonprecedential orders granting summary affirmance and an erratum. Here are the introductions to the opinions and links to the judgment, summary affirmances, and the erratum.

Late Friday and this morning, the Federal Circuit released three precedential opinions: two in related patent cases appealed from the Patent Trial and Appeal Board and one in a veterans case appealed from the Court of Appeals for Veterans Claims. The Federal Circuit also released two nonprecedential orders dismissing appeals. Here are the introductions to the opinions and links to the dismissals.

This morning, the Federal Circuit released a precedential opinion in a patent case involving analysis of pre-AIA first-to-invent provisions. Notably, Judge Dyk dissented. The court also released a nonprecedential opinion in a case appealed from the Merit Systems Protection Board, along with a nonprecedential order dismissing a case. Here are the introductions to the opinions and a link to the order.

This morning the Federal Circuit released one precedential opinion and two nonprecedential opinions. The precedential opinion comes in a patent case appealed from the Eastern District of Texas. In it, the Federal Circuit affirmed the district court’s determination that a patent is unenforceable based on prosecution laches. Notably, Judge Stark filed a dissenting opinion. The two nonprecedential opinions come in separate patent cases appealed from the Patent Trial and Appeal, both involving the same parties. In each opinion, Judge Lourie filed additional views and Judge Stark filed a concurring opinion, both addressing the argument the Supreme Court overruled the Federal Circuit’s approach to obviousness with respect to design patents. Late yesterday and this morning, the Federal Circuit also released six nonprecedential orders dismissing appeals. Here are the introductions to the opinions and links to the dismissals.

This morning the Federal Circuit issued two nonprecedential opinions. The first comes in a patent case appealed from the Patent Trial and Appeal Board and addresses novelty and obviousness. The second comes in a benefits case appealed from the Merit Systems Protection Board. Additionally, the court issued a nonprecedential order denying a petition for a writ of mandamus seeking to direct the Western District of Texas to dismiss a patent case for improper venue. Here are the introductions to the opinions and order.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. As for merits cases, highlights include an oral argument and a slew of amicus briefs, respectively, in two cases. As for petitions, only one new petition was filed, and just a handful of response and reply briefs were filed. The Supreme Court, however, denied petitions in a large number of cases, including most notably in Athena, Hikma, and HP, as we previously discussed. Here are the details.