FedCircuitBlog

This morning, the Federal Circuit released one precedential opinion, one nonprecedential opinion, and one nonprecedential order. The precedential opinion addresses an appeal from a judgment of the Patent Trial and Appeal Board finding certain claims unpatentable either for lack of written description or anticipation. Notably, the court affirmed the Board’s judgment despite arguments that the Board issued the final written decision after the statutory deadline and thus lacked jurisdiction. The nonprecedential opinion addresses a pro se appeal from a decision of the Merit Systems Protection Board. Finally, the order grants a motion for voluntary dismissal. Here are the introductions to the opinions and a link to the dismissal.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include a new petition presenting questions related to patent reissue and the written description requirement; two new invitations for response to petitions presenting questions related to patent reissue, the written description requirement, and appellate jurisdiction; and denials of two petitions presenting questions related to the non-obviousness requirement and anticipation. 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 four cases raising questions about the non-obviousness and novelty patentability requirements, the definiteness requirement, and principles of claim construction. The court also denied two petitions raising questions about eligibility and infringement. Here are the details.

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:

• a blog post about the United States government’s statement of interest in the patent infringement case involving COVID-19 vaccines; and
• an article about the U.S. International Trade Commission “bann[ing] imports of video-streaming fitness devices made by Peloton Interactive Inc and iFit Inc.”

This morning the Federal Circuit released a nonprecedential opinion affirming a patent case appealed from the Southern District of New York. The Federal Circuit also released a nonprecedential order dismissing an appeal. Here is the introduction to the opinion and link to the dismissal.

This morning the Federal Circuit released a precedential opinion in a veterans case and a nonprecedential order denying a petition for a writ of mandamus seeking to order the District of Delaware to vacate an order setting an evidentiary hearing. The Federal Circuit also released two orders dismissing appeals. Here is the introduction to the opinion, text from the order, and links to the dismissals.