FedCircuitBlog

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received a two new petitions. One raises a question related to the standard for establishing venue, and the other raises three questions related to claim construction at the Patent Trial and Appeal Board. The court also invited a response to a petition raising a question related to anticipation. Finally, the court also denied a petition in a case raising a question related to patent eligibility. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit. In a pending en banc case raising questions related to whether on-the-job exposure to the recent novel coronavirus entitled federal correctional officers to additional pay pursuant to various federal statutes, the appellant filed his en banc reply brief. As for petitions in patent cases, the court received a new petition raising a question related to anticipation and two responses to a petition raising questions related to patent eligibility. The court also denied three petitions raising questions related the standard for an award of attorneys’ fees, inter partes review estoppel, and assignor estoppel. Here are the details.

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.

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.

This morning the Federal Circuit issued three nonprecedential opinions: one in a government contract case, one in a Merit Systems Protection Board case, and one in a patent case.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

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.

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.

This morning the Federal Circuit issued one nonprecedential opinion in a patent case and one nonprecedential erratum.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