FedCircuitBlog

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

• an article discussing how the Fifth Circuit “said it would ‘continue to disagree with the Federal Circuit’ over whether it has appellate jurisdiction over” appeals of Walker Process patent fraud cases;
• a blog post highlighting how patent law’s “defense of assignor estoppel has been in flux”; and
• a third article detailing how Koss Corp. is “vying to save one of its patents for wireless earphones and headphones that has been at the center of its infringement suits against Apple Inc. over its AirPods wireless earbuds.”

American Axle is the Supreme Court’s Chance to Give Patent Eligibility a Tune-Up – On IPWatchDog.com, Dominic Frisina posts on the Supreme Court’s pending decision whether to review a Federal Circuit decision from 2020 related to patent eligibility.

Albright’s Delay in Patent Suit Not ‘Egregious,’ Fed. Cir. Says – Perry Cooper reports on how Freelancer failed to convince the Federal Circuit to order Judge Albright to act on its motion to dismiss in a patent case.

Patent Underlying Walker Process Claims is Not Enough to Give Rise to Federal Circuit Jurisdiction – Caitlin O’Connell and Elizabeth Ferrill write about the Federal Circuit’s decision to transfer a recent case to the United States Court of Appeals for the Fifth Circuit due to lack of jurisdiction. 

Fed. Circ. Won’t Allow ‘Focus Vision’ TM, Citing ‘Focus’ Marks – In an article on Law360.com, Tiffany Hu focuses on the Federal Circuit’s decision on Monday to uphold a Trademark and Appeal Board’s decision in a trademark case.

This morning the Federal Circuit issued two precedential opinions, one in a veterans case and the other in an international trade case. The court also issued a precedential order transferring an antitrust case to the Fifth Circuit based on a lack of appellate jurisdiction at the Federal Circuit. The Federal Circuit also issued a nonprecedential opinion in a patent case appealed from the Patent Trial and Appeal Board and a Rule 36 judgment. Here are the introductions to the opinions and the order and a link to the Rule 36 judgment.