Opinions

Opinions & Orders – March 5, 2024

This morning the Federal Circuit released two precedential opinions, one nonprecedential opinion, and two nonprecedential dismissals. One of the precedential opinions addresses an appeal from five final written decisions of the Patent Trial and Appeal Board. The other precedential opinion addresses an appeal from a grant of summary judgment of noninfringement in a patent infringement case. The nonprecedential opinion affirms an arbitrator’s decision in a dispute over removal from a role with the United States Marshals Service. Here are the introductions to the opinions and links to the orders.

Read More
Opinions

Opinions and Orders – March 27, 2023

This morning, the Federal Circuit released four nonprecedential orders. In the first order, the court granted a petition to transfer an appeal from the Southern District of California to the Ninth Circuit. The other three nonprecedential orders dismiss appeals. Here is text from the order transferring the appeal and links to the dismissals.

Read More
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 about the Federal Circuit “den[ying] a petition for writ of mandamus asking the Delaware district court to vacate an order to produce certain documents” related to third party funding in patent case; and
  • an article about “Pfizer and BioNTech[‘s] . . . countersuit, demanding a jury trial and refuting Moderna’s claims of infringement” of patents related to COVID-19 vaccines.
Read More
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:

  • an article about the “plunge by nearly one-fifth” of patent related filings in Texas federal courts;
  • another article about whether the Federal Circuit considers research tools to be covered by safe harbor provisions in the Hatch Waxman Act; and
  • a blog post about personal jurisdiction in patent infringement cases.
Read More
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:

  • an article discussing Moderna’s claim “that Pfizer and BioNTech unlawfully copied Moderna’s inventions”;
  • an article summarizing the Federal Circuit recent ruling “that ‘plain meaning’ [of patent claims] cannot be interpreted in a vacuum”; and
  • a third article highlighting the Federal Circuit’s decision to allow Apple and several other tech companies to “continue to import and sell their smartphone devices.”
Read More
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 report discussing the Federal Circuit’s refusal to consider a ruling addressing alleged venue manipulation;
  • an article about a Federal Circuit opinion addressing alleged inequitable conduct in the procurement of a patent; and
  • an article discussing difficulty in the application of the non-obviousness patentability requirement in the context of design patents.
Read More
Opinions

Today’s Opinions – April 27, 2020

This morning the Federal Circuit issued one nonprecedential opinion in a patent case. Here is the introduction to the opinion.

Read More
En Banc Activity / Petitions

Recent En Banc Activity

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 relating to patent eligibility, the Appointments Clause, claim construction, and non-obviousness; one new response to a pending petition raising questions related to enablement, written description, and the 7th Amendment; and the denial of ten petitions raising issues including the Appointments Clause, claim construction, and implied licenses. Here are the details.

Read More
En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include new petitions filed in six cases raising questions related to the Appointments Clause, claim construction, and implied licenses, one request by the Federal Circuit for a response to a petition raising questions related to collateral estoppel and inter partes review, and the denial of three petitions raising questions related to transfer, waiver, and design patent infringement. Here are the details.

Read More