Opinions

Opinions & Orders – September 29, 2022

This morning the Federal Circuit released a precedential opinion in a patent case appealed from the Patent Trial and Appeal Board. In its opinion, the Federal Circuit affirmed the Board’s holding that the petitioner failed to show that certain claims were anticipated or would have been obvious at the time the invention was made. Here is the introduction to the opinion.

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En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit in patent cases. While there were no recent petitions, responses to petitions, or denials of petitions, the court did receive several amicus briefs. One amicus brief came in Apple Inc. v. Qualcomm Inc., a case concerning the panel’s decision to deny competitor standing in an appeal from the Patent Trial and Appeal Board. Three came in Amgen Inc. v. Sanofi, Aventisub LLC, where the petition raised questions related to “the panel’s new enablement test for genus claims with functional limitations” and whether that test is consistent with Supreme Court precedent on point. Here are the details.

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Opinions

Today’s Opinions & Orders – June 9, 2020

This morning the Federal Circuit issued three nonprecedential opinions: one in a government contract case, one in a Merit Systems Protection Board case, and one in a patent case. Here are the introductions to the opinions.

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En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include new petitions filed in four cases raising questions relating to patent eligibility, the Appointments Clause, claim construction, and non-obviousness; one new response to a pending petition raising questions related to enablement, written description, and the 7th Amendment; and the denial of ten petitions raising issues including the Appointments Clause, claim construction, and implied licenses. Here are the details.

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En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include new petitions filed in six cases raising questions related to the Appointments Clause, claim construction, and implied licenses, one request by the Federal Circuit for a response to a petition raising questions related to collateral estoppel and inter partes review, and the denial of three petitions raising questions related to transfer, waiver, and design patent infringement. Here are the details.

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Opinions

Today’s Opinions – November 26, 2019

This morning the Federal Circuit issued one nonprecedential opinion in a patent case and one nonprecedential erratum. Here are the introductions.

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