FedCircuitBlog

This morning, the Federal Circuit released a precedential opinion and a nonprecedential opinion in two cases appealed from the Merit Systems Protection Board. The court also released five nonprecedential orders, which included three summary affirmances and two dismissals. Here are the introductions of the opinion and links to the orders.

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

• an article noting how a “[f]ederal judge sitting atop mound of patent litigation loses perch with equitable-distribution order”;
• another article addressing how “Netflix [won] attorneys’ fees for California litigation at Federal Circuit”;
• a third article discussing how an engineer filed an amicus brief critiquing a Federal Circuit decision that would allegedly “let federal agencies ‘cut corners’ and render public accountability ‘superfluous.’”

This morning the Federal Circuit released a precedential opinion in a patent case appealed from the Central District of California. The Federal Circuit affirmed the district court, which awarded attorneys’ fees with respect to the underlying California action but not with respect to related proceedings in Delaware and before the Patent Trial and Appeal Board. Notably, Judge Reyna concurred in part and dissented in part from the panel’s judgment. Here are the introductions to the opinions.

This morning the Federal Circuit released a nonprecedential opinion in a trade case appealed from the Court of International Trade. The Federal Circuit also released a nonprecedential order dismissing an appeal and three Rule 36 judgments. Here is the introduction to the opinion, text from the order, and links to the Rule 36 judgments.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received a new petition raising a question related to indefiniteness. Additionally, the court received a response to a petition concerning the treatment of expert opinions. Lastly, the court denied three petitions raising questions related to the termination of inter partes review proceedings, jurisdiction, and enablement. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit. In patent cases, the court received four new petitions this week, addressing issues of claim construction, the replacement of a primary prior art reference after institution by the Patent Trial and Appeal Board, the evaluation of patent eligibility, and contractual patent ownership. The court also received a response to a petition that raised a question related to the power of the Patent Trial and Appeal Board to terminate an instituted proceeding on the eve of a merits-based final written decision. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. It was a busy week at the Federal Circuit. The court received two new petitions in cases addressing issues of enablement, eligibility, and personal jurisdiction. Additionally, the court invited responses in three cases addressing termination of inter partes review proceedings, evaluation of expert opinions on summary judgment, and competitor standing. The court also received a response to a petition raising a question related to enablement. Lastly, the court issued two new denials, one in a case concerning 35 U.S.C. § 112(f) and another in a pro se case. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit. We are still waiting for the court to issue an opinion in Arellano v. McDonough, an en banc veterans case. As for pending petitions in patent cases, highlights include new petitions concerning Patent Trial and Appeal Board termination of inter partes review proceedings, reviewability of Board discovery rulings related to real-party-in-interest disputes, the utilization of expert witnesses in district court summary judgment proceedings, and standing before the Board. Here are the details.

• Good News for Patentees: Bipartisan NSCAI Invokes National Security in Calling for Legislation to Clarify Patent Eligibility – A recent report released by a bipartisan congressionally-established commission lends powerful support to Section 101 reform initiatives.
• Dish Rejected in Bid to Revive Data Compression Patent Challenge – The Federal Circuit refused to jump-start a patent challenge after the Patent Trial and Appeal Board found that the challenge was time-barred.
• Method for Determining Haplotype Phase Found Subject Matter Ineligible – Applying the Alice framework, the Federal Circuit emphasized that a mathematical or scientific algorithm, without more innovation or improvement, is patent ineligible.

Here’s the latest.

This morning, the Federal Circuit issued one precedential opinion in a veterans case. Additionally, the court issued three nonprecedential opinions in patent cases. Here are the introductions to the opinions.