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 recently the “Federal Circuit underscore[d] [the] importance of [patent law’s] written description requirement”;
• another article explaining how the Federal Circuit “threw out a jury verdict ordering Apple Inc and Broadcom Inc to pay $1.1 billion to the California Institute of Technology” in a patent case;
• another another article assessing how the Federal Circuit “upheld a Michigan judge’s decision to grant a preliminary injunction” in a patent case; and
• another article discussing how the Federal Circuit recently held that the Patent Trial and Appeal Board “improperly relied on applicant admitted prior art” in an inter partes review proceeding.

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

• a blog post “assessing responses to the PTO’s 2021 patent eligibility study”;
• another blog post explaining how the Federal Circuit vacated and remanded an International Trade Commission decision in a patent case based on an abuse of discretion in admitting expert testimony;
• an article discussing how the Federal Circuit recently reversed a decision of the United States District Court for the Northern District of California to invalidate patent claims for indefiniteness; and
• another article detailing how “Qualcomm Inc. convinced the Federal Circuit that the U.S. Patent and Trademark Office improperly invalidated parts of its semiconductor patent based on admissions made in the patent itself.”

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to the Supreme Court’s October 2021 term, since our last update the Court has not granted any new petitions. Two new petitions, however, have since been filed: one in a patent case concerning patent eligibility and one filed by a pro se petitioner. Additionally, Apple filed a reply in support of a petition raising a question related to standing in patent appeals. Finally, two waivers of right to respond to petitions were filed in patent cases. Here are the details.

This morning the Federal Circuit issued a precedential opinion in a patent case holding that applicant admitted prior art (AAPA) disclosed within a challenged patent is not “prior art” for the purposes of inter partes review. While the court noted that AAPA is not categorically excluded from inter partes review for all purposes, the court held is not “prior art consisting of patents or printed publications” under the relevant statutory provision. The court also issued a nonprecedential opinion in an employment case. Here are the introductions to the opinions.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to the Supreme Court’s October 2021 term, since our last update the Court has not granted any new petitions. Three new petitions, however, have since been filed: two in patent cases and one filed by a pro se petitioner. Additionally, a waiver of right to respond to one of the three new petitions was filed, and a brief in opposition was filed in a case that raises a question regarding Article III standing in a series of patent appeals. 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:

• 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.”

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to the Supreme Court’s October 2021 term, since our last update the Court has not granted certiorari in any cases decided by the Federal Circuit. Three new petitions, however, have been filed with the Supreme Court: two in patent cases and one in a pro se case. Moreover, nine amicus briefs across three cases have been filed. Additionally, four waivers of right to respond, two briefs in opposition, and three replies have been filed. Here are the details.

This morning the Federal Circuit issued two precedential opinions in patent cases appealed from the Patent Trial and Appeal Board. The first opinion vacates a board decision for failure to tie its construction of a claim term to the patent’s specification. The second opinion affirms in part and vacates in part board determinations of unpatentability. The court also released two nonprecedential opinions. The first comes in a patent case appealed from the Eastern District of Missouri. The second comes in veterans case appealed from the Court of Appeals for Veterans Claims. Here are the introductions to the opinions.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to the Supreme Court’s October 2021 term, the Court still has not granted any petitions in cases decided by the Federal Circuit. Since our last report, however, ten new petitions have been filed in patent, government contract, veterans, and pro se cases; briefs in opposition have been filed in three patent and veterans cases; replies in support of petitions have been filed in three patent cases; the Court requested a response to a petition in a patent case; and the Court denied petitions in three patent, trademark, and pro se cases. Here are the details.

This morning the Federal Circuit issued a precedential opinion in a patent case appealed from the Patent Trial and Appeal Board and two nonprecedential opinions in employment cases appealed from the Merit Systems Protection Board. The court also issued two nonprecedential orders. In the first order, the court denied a petition for a writ of mandamus seeking to vacate an order transferring a patent case from the District of Colorado to the Western District of Texas. In the second order, the court granted a petition for a writ of mandamus directing the Western District of Texas to transfer a patent case. Finally, the Federal Circuit released three Rule 36 judgments. Here are the introductions to the opinions and orders and links to the Rule 36 judgments.