Featured / Symposia

Online Symposium: Prof. Osenga’s Top 2020 Federal Circuit Patent Decisions

Guest Post by Kristen Osenga

In any given year, the Federal Circuit covers a wide spectrum of issues in patent law, and 2020 was no different. Of course, a lot about 2020 was different — including seeing the Court hold (and now livestream) telephonic arguments — but most of the patent cases decided were similar in type to other years . . . a little patent-eligible subject matter, a little jurisdiction and venue, a case about infringement of standard essential patents, and a bit of deciding what the Patent Trial and Appeal Board can and cannot do. There were no real blockbuster cases in 2020 (other than maybe the Arthrex denial of rehearing, more on that later). This could be due to the pandemic, or maybe it is a sign that patent law is settling in for a bit. Of course, that does not mean the law has settled in the right place, but that is a different issue for a different day.

For today, a few cases are worth highlighting from the Federal Circuit’s 2020 patent opinions. To be clear, this is not an exhaustive review, but rather simply a short selection noting some of the more important patent cases decided last year.

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Petitions / Supreme Court Activity

Recent Supreme Court Activity

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit.

Here are the details.

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Opinions

Opinions & Orders – February 10, 2021

This morning, the Federal Circuit issued a precedential opinion in a patent case and a precedential opinion in a case appealed from the Court of Federal Claims. The Federal Circuit also issued nonprecedential opinions in two patent cases, a case appealed from the Merit Systems Protection Board, and another case appealed from the Court of Federal Claims. Additionally, the Federal Circuit issued a nonprecedential errata. Here are the introductions to the opinions and the text of the errata.

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Petitions / Supreme Court Activity

Recent Supreme Court Activity

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit.

Here are the details.

Read More
Petitions / Supreme Court Activity

Recent Supreme Court Activity

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit.

  • Four new waivers of right to respond were filed with the Court.
  • The Court denied the petitions for writ of certiorari in three cases.

Here are the details.

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Petitions / Supreme Court Activity

Recent Supreme Court Activity

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit.

Here are the details.

Read More
Supreme Court Activity

Recent Supreme Court Activity

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit.

The Supreme Court received petitions for writ of certiorari in (1) Frederick Demond Wilson v. United States, (2) David O. Keel, v. Robert Wilkie, Secretary of Veterans Affairs, (3) Chris Jaye v. United States, (4) B/E Aerospace, Inc. v. C&D Zodiac, Inc., and (5) adidas AG v. Nike, Inc.

Several amicus briefs were filed in United States v. Arthrex, Inc.

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News

Recent News on the Federal Circuit

  • Fed. Circ. Asked To Keep Movie Theater IP Suit In Texas – Arguing that the case should stay in Texas, Intertrust Technologies Corp. asks the Federal Circuit to reject a petition from Regal Cinemas, AMC, and Cinemark to transfer the lawsuit to California.
  • Nike Golf Club Patent Dispute Do-Over Weighed by Fed. Cir. Panel – Saso Golf, Inc. urges a Federal Circuit panel to send its patent infringement case back down to the lower court and assign the case to a new a judge, even though the original suit was filed twelve years ago.
  • Fed. Circ. Affirms Chevron Loss In PTAB Interference – A split Federal Circuit found that the Patent Trial and Appeal Board correctly construed a key term to find that the University of Wyoming Research Corporation was entitled to a patent involving a method for analyzing crude oil in an interference proceeding against Chevron.

Here’s the latest.

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News

Recent News on the Federal Circuit

Here’s the latest.

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Opinions

Opinions & Orders – July 16, 2020

This morning the Federal Circuit issued one precedential opinion in a trade case and three nonprecedential opinions in patent cases. Here are the introductions to the opinions.

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