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 Federal Circuit recently “vacated a decision axing a[] . . . drug patent based on an argument not presented at trial and chastised the federal judge in Delaware who issued it”;
• an article discussing how the Federal Circuit “reverse[d], in whole or in part, the PTAB only about 20% of the time” in July;
• an article explaining that in a recent opinion, the Federal Circuit “affirmed a district court’s decision to grant a motion to dismiss a patent infringement case . . . due to patent ineligibility” of “image tagging patents”; and
• a blog post explaining that the “Federal Circuit is set to hear oral arguments in . . . a case that could significantly impact Orange Book patent listing (and delisting) practices under the Hatch-Waxman Act.”

This morning the Federal Circuit released one nonprecedential opinion and three nonprecedential orders. The nonprecedential opinion comes in a patent case. Two of the nonprecedential orders transfer cases, while the third nonprecedential order is a dismissal. Here are the introductions to the opinion and the orders other than the dismissal, which we link.

This morning the Federal Circuit released one precedential opinion, one nonprecedential opinion, one nonprecedential order, and three Rule 36 judgments. The precedential opinion affirms a judgment of the Court of International Trade, while the nonprecedential opinion affirms a judgment of the Court of Federal Claims. The order is a dismissal. Here are the introductions to the opinions and links to the order and Rule 36 judgments.

This morning, the Federal Circuit released three precedential opinions and one nonprecedential opinion. One of the precedential opinions addresses an appeal from a judgment of the Court of Federal Claims, which dismissed a claim for lack of subject matter jurisdiction. Another precedential opinion addresses an appeal from a judgment of the Trademark Trial and Appeal Board, which denied a petition for cancellation of mark’s registration. The third precedential opinion vacates and remands a judgment of the Court of Appeals for Veterans Claims due to impermissible fact finding. The nonprecedential opinion reverses and remands a grant of summary judgment of noninfringment by a district court in a patent case. Here are the introductions to the opinions.  

This morning, the Federal Circuit released two precedential opinions, four nonprecedential opinions, and two Rule 36 summary affirmances. One of the precedential opinions addresses an appeal from a final written decision of the Patent Trial and Appeal Board in a post-grant review, which held certain claims unpatentable as obvious or lacking written description. The other precedential opinion addresses an appeal from a judgment of the Court of Federal Claims and addresses an assertion by the government of a right to practice a patent and have a patent practiced on its behalf under a provision of a Bayh-Dole Act. Two of the nonprecedential opinions address jurisdiction, one affirms the rejection of proposed patent claims for being directed to patent-ineligible subject matter, and one affirms the dismissal of a complaint due to the claims being timebarred. Late yesterday, the Federal Circuit also released five nonprecedential orders dismissing appeals. Here are the introductions to the opinions and links to the dismissals and summary affirmances.

This morning, the Federal Circuit released five nonprecedential orders. One order transfers an appeal to another circuit court of appeals; one order transfers an appeal to a district court; and one order denies a petition for a writ of mandamus. The two remaining orders are dismissals: one dismisses for lack of jurisdiction, and another grants a motion to voluntarily dismiss. Late Friday, the Federal Circuit also released another nonprecedential order that dismissed an appeal. Here are previews of selected orders and links to dismissals.

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 Federal Circuit judges investigating Judge Newman’s fitness asked “a Washington, D.C. federal court late on Friday to dismiss Newman’s lawsuit challenging the unusual probe”;
• an article discussing the argument by the special committee investigating Judge Newman that “the internal actions of the three-judge special committee of the U.S. Court of Appeals for the Federal Circuit aren’t subject to judicial review”;
• an analysis of pending legislation entitled the Patent Eligibility Restoration Act, which according to former Federal Circuit Chief Judge Paul Michel “would overturn Supreme Court and Federal Circuit decisions that scrambled settled law, excluding many worthy classes of inventions, such as medical diagnostic methods and advanced computer applications”; and
• a blog post taking the position “that gen-AI tools will face high patent eligibility obstacles absent inclusion of strong technical implementation details placed at least within the specification, but more likely within the claims themselves.”

This morning, the Federal Circuit released three nonprecedential opinions and one nonprecedential order. One opinion addresses an argument that the Patent Trial and Appeal Board adopted erroneous constructions of claim terms. Another opinion addresses an appeal from a summary judgment holding claims invalid for lack of eligibility. The final opinion, also from a patent case, addresses the enforceability of an arbitration agreement and a finding of indefiniteness. The nonprecedential order grants a voluntary dismissal. Here are the introductions to the opinions and a link to the dismissal.

This morning, the Federal Circuit released a precedential opinion and a nonprecedential order. In the opinion, the court affirmed a judgment of the District of New Jersey in a patent case. In the order, the Federal Circuit dismissed an appeal. Here is the introduction to the opinion and a link to the dismissal.