This morning, the Federal Circuit released a precedential order granting a petition for en banc rehearing in a design patent case addressing obviousness. The court also released three nonprecedential opinions: one in a patent case appealed from the Patent Trial and Appeal Board and two in related pro se cases appealed from the Merit Systems Protection Board. Here are the introductions to the order and opinions.
Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:
- an article analyzing cases and an emerging trend regarding how “the [Patent Trial and Appeal] Board is only the first hurdle in what is a long game for patent owners”;
- a blog post detailing how the “Supreme Court and Judicial Conference consider[ed] Judge Albright’s problematic patent court”;
- another blog post evaluating the “Federal Circuit’s PTAB appeals statistics through November 30, 2021”; and
- another article explaining how the Federal Circuit “rejected arguments the U.S. Army’s improper handling of [a government contract] award prejudiced it.”
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.
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.
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.
Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights the Federal Circuit’s recent decision in Apple Inc. v. California Institute of Technology and a recent petition for en banc rehearing by Prisua in Samsung Electronics America, Inc. v. Prisua Engineering Corp.
This morning the Federal Circuit issued a precedential opinion in a patent case, a nonprecedential opinion in a Merit Systems Protection Board case, and a nonprecedential order denying interlocutory review in a patent case. Here are the introductions to the opinions and text from the order.