Opinions

Opinions & Orders – January 20, 2023

This morning the Federal Circuit released one precedential opinion and two nonprecedential opinions. The precedential opinion comes in a patent case appealed from the Eastern District of Texas. In it, the Federal Circuit affirmed the district court’s determination that a patent is unenforceable based on prosecution laches. Notably, Judge Stark filed a dissenting opinion. The two nonprecedential opinions come in separate patent cases appealed from the Patent Trial and Appeal, both involving the same parties. In each opinion, Judge Lourie filed additional views and Judge Stark filed a concurring opinion, both addressing the argument the Supreme Court overruled the Federal Circuit’s approach to obviousness with respect to design patents. Late yesterday and this morning, the Federal Circuit also released six nonprecedential orders dismissing appeals. Here are the introductions to the opinions and links to the dismissals.

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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 an opinion in a patent case addressing the denial of a motion for a preliminary injunction seeking to enjoin the International Trade Commission, a new patent case appealed from the Patent Trial and Appeal Board, and two oral argument recaps in a veterans case and a patent case concerning prosecution laches. Here are the details.

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Argument Recap / Panel Activity

Argument Recap – Personalized Media Communications, LLC v. Apple Inc.

Earlier this month, the Federal Circuit heard oral argument in Personalized Media Communications, LLC v. Apple Inc., a patent case we have been tracking because it attracted amicus briefs. In this case, Personalized Media Communications appeals a district court’s decision to overturn a jury verdict. While the district court applied the “equitable doctrine of prosecution latches,” PMC claims the district court committed legal error and abused its discretion in ruling that PMC engaged in an “egregious misuse” of the patent system. This is our argument recap.

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Argument Preview / Panel Activity

Argument Preview – Personalized Media Communications, LLC v. Apple Inc.

This week we are previewing oral arguments in two cases that attracted amicus briefs. Today we highlight Personalized Media Communications, LLC v. Apple, Inc. On appeal, Personalized Media Communications challenges a district court’s decision to overturn a jury verdict based on the equitable doctrine of prosecution latches. Personalized Media argues the district court committed legal error and abused its discretion in ruling that Personalized Media engaged in an “egregious misuse” of the patent system. This is our argument preview.

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Court Week / Panel Activity

Court Week – What You Need to Know

This week is Court Week at the Federal Circuit, with hearings starting today. The Federal Circuit is providing access to live audio of each panel scheduled for argument via the Federal Circuit’s YouTube channel. In total, the court will convene six panels to consider about 36 cases. Of these 36 cases, the court will hear oral arguments in 24. Of these argued cases, two attracted amicus briefs: one veterans case and one patent case. Here’s what you need to know about these two cases.

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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 opinions, one in patent case and one in a takings case; one new trade case; three oral argument recaps, two in to patent cases and one in a takings case; and two upcoming oral arguments. Here are the details.

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Opinions

Opinions & Orders – May 5, 2022

This morning the Federal Circuit issued a nonprecedential opinion in a trade case, a nonprecedential opinion in a patent case, and a nonprecedential opinion in a takings case. The court also issued a nonprecedential order denying a petition for a writ of mandamus to order the Western District of Texas to transfer a patent case, a nonprecedential order remanding cases to the Patent Trial and Appeal Board, and five nonprecedential orders dismissing cases. Here are the introductions to the opinions and text from the orders.

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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 a disposition in a veterans case, two new patent cases that attracted amicus briefs, and a reply brief in a patent case. 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 three opinions: the first in an Equal Access to Justice Act case, the second granting petitions seeking writs of mandamus challenging orders of the Western District of Texas regarding transfer motions, and the third in a trademark case. We also highlight a response brief filed in a patent case. 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 an opinion in a tax case addressing subject matter jurisdiction and “duly filed” requirements, a new patent case about prosecution laches that attracted an amicus brief, and an upcoming oral argument in a case appealed from the Patent Trial and Appeal Board. Here are the details.

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