News

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:

  • a blog post detailing how in a patent case the Federal Circuit “affirmed a district court’s finding of exceptionality under 35 U.S.C. § 285” based on inequitable conduct;
  • another blog post discussing the Federal Circuit’s discussion of the “potential for decision maker bias to occur”;
  • a report explaining the Federal Circuit’s affirmance of “a Texas federal court’s decision to clear HP and other companies . . . of infringing several printing patents” and an “attorney fee order”; and
  • an article assessing how Apple “won . . . support . . . for its effort to get the Federal Circuit to rehear [a patent] ownership dispute.”
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Panel Activity

Update on Important Panel Activity

Here is this month’s update on activity in cases pending before panels of the Federal Circuit where the cases involve at least one amicus brief. We keep track of these cases in the “Other Cases” section of our blog. Today, with respect to these cases we highlight two dispositions in patent cases appealed from federal district courts and a disposition in a takings case appealed from Court of Federal Claims. Here are the details.

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Opinions / Panel Activity

Opinion Summary – Mobility Workx, LLC v. Unified Patents, LLC

Earlier this week the Federal Circuit issued its opinion in Mobility Workx, LLC v. Unified Patents, LLC, a patent case we have been following because it attracted an amicus brief. The case was argued before a panel that included Judges Newman, Schall, and Dyk. Mobility requested a remand to the Patent and Trademark Office in light of the Supreme Court’s holding in United States v. Arthrex, Inc., but it also made numerous constitutional challenges to the structure of the Patent Trial and Appeal Board. Judge Dyk authored the majority opinion in the case, ultimately remanding the case to the Acting Director of the Patent and Trademark Office to consider whether to grant a rehearing in light of Arthrex, but also concluding that Mobility’s constitutional arguments are without merit. Notably, Judge Newman authored an opinion concurring in part and dissenting in part. This is our opinion summary.

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News

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:

  • a blog post assessing the Federal Circuit’s “reject[ion] [of the] argument that . . . PTAB Judges have an improper financial interest in instituting AIA proceedings”;
  • an article discussing how General Motors, in a recent Federal Circuit decision, “beat back a challenge by computer-component maker Micro Mobio Corp” in a trademark dispute;
  • another blog post providing an update on a case “in which the court concluded that the USPTO cannot recover expert witness fees in actions brought under 35 U.S.C. § 145”; and
  • an article detailing how “Nokia Oyj, Sprint Corp., and Verizon Communications Inc. are cleared of allegations that their products infringe wireless network patents owned by Traxcell Technologies LLC.”
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Opinions

Opinions & Orders – October 13, 2021

This morning the Federal Circuit issued a precedential opinion in a patent case appealed from the Patent Trial and Appeal Board and two nonprecedential opinions in cases appealed from the Court of Federal Claims and the Trademark Trial and Appeal Board. In addition, the court issued two nonprecedential orders granting petitions for writs of mandamus ordering the Western District of Texas to transfer patent cases. Finally, the Federal Circuit issued a Rule 36 judgment. Here are the introductions to the opinions and orders and a link to the Rule 36 judgment.

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Panel Activity

Update on Important Panel Activity

Here is this month’s update on activity in cases pending before panels of the Federal Circuit where the cases involve at least one amicus brief. We keep track of these cases in the “Other Cases” section of our blog. Today, with respect to these cases we highlight six dispositions, one new case, one case with new briefing, and one oral argument recap. Here are the details.

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Panel Activity

Update on Important Panel Activity

Here is this month’s update on activity in cases pending before panels of the Federal Circuit where the cases involve at least one amicus brief. We keep track of these cases in the “Other Cases” section of our blog. Today, with respect to these cases we highlight one disposition in a veterans law case, two oral argument recaps in a patent case and a veterans law case, four new patent cases, a patent case with new briefing, and four upcoming oral arguments in related Tucker Act cases. Here are the details.

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Panel Activity

Update on Important Panel Activity

Here is an update on activity in cases pending before panels of the Federal Circuit where the cases involve at least one amicus brief. We keep track of these cases in the “Other Cases” section of our blog. Today, with respect to these cases we highlight three recent dispositions in two patent cases and a case appealed from the Merit Systems Protection Board, a copyright case attracting two amicus briefs, new briefing (including a second amicus brief) in a patent case, and two recent oral arguments in a patent and a veterans case. Here are the details.

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Argument Recap / Panel Activity

Argument Recap – Mobility Workx, LLC v. Unified Patents, LLC

This past Monday the court heard oral argument in Mobility Workx, LLC v. Unified Patents, LLC, an appeal from the Patent Trial and Appeal Board that we have been following because it attracted an amicus brief. On appeal, Mobility Workx presents several arguments that inter partes review violates the Constitution. In particular, Mobility Workx argues that inter partes review violates its right to due process and qualifies as a taking under the Fifth Amendment. Judges Newman, Schall, and Dyk heard Monday’s argument. This is our argument recap.

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Court Week / Panel Activity

Court Week – What You Need to Know

This week is Court Week at the Federal Circuit. The court will continue to hear oral arguments telephonically given the coronavirus pandemic, and again this month the court is providing access to live audio of each panel scheduled for argument via the court’s YouTube channel. In total, the court will convene 15 panels to consider 65 cases. Of these 65 cases, the court will hear oral arguments in 47, and three cases attracted amicus briefs: one a veterans case, one a patent case, and one a case challenging the Merit Systems Protection Board. Here’s what you need to know about these three cases.

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