Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, the Supreme Court heard arguments last week in Rudisill v. McDonough, a veterans case. With respect to petitions, two new petitions were filed with the Court in two patent cases raising questions related to the Federal Circuit’s practice of reversing agency decisions and patent eligibility. Two waivers of right to respond were filed, one in the patent case raising the question about reversing agency decisions and one in a pro se case. A brief in opposition was filed in a patent case addressing the ability to review determinations whether to institute inter partes review proceedings. An amicus brief was filed in a veterans case. And, finally, the Court denied a petition in a patent case. Here are the details.
This morning, the Federal Circuit released two precedential opinions, one nonprecedential opinion, and two nonprecedential orders. One precedential opinion comes in a patent case and addresses issues of obviousness, infringement, and damages. The other precedential opinion comes in another patent case and addresses a challenge to analogous art findings by the Patent Trial and Appeal Board. The nonprecedential opinion addresses an appeal from a judgment of the Patent Trial and Appeal Board finding certain claims unpatentable. The orders dismiss appeals. Late Friday, the Federal Circuit also released a nonprecedential order dismissing an appeal. Here are the introductions to the opinions and links to the dismissals.
Here is this month’s update on activity in cases pending before panels of the Federal Circuit where the cases involve at least one amicus brief. We keep track of these cases in the “Other Cases” section of our blog. Today, with respect to these cases we highlight four new cases: a takings case concerning a moratorium on eviction in response to the COVID-19 pandemic, two new related patent cases, and a pro se case. Additionally, we highlight opinions in two patent cases. Further, the new takings case and pro se case are both set to be argued next month. Here are the details.
In early August, the Federal Circuit issued its opinion in Realtime Data LLC v. Array Networks Inc., a patent case we have been following because it attracted an amicus brief. In this case, the Federal Circuit reviewed a district court’s grant of a motion to dismiss for invalidity under 35 U.S.C. § 101. In an opinion by Judge Reyna joined by Judge Taranto, the Federal Circuit agreed with the district court. Judge Newman, however, filed a dissenting opinion. This is our opinion summary.
This morning, the Federal Circuit released a nonprecedential opinion in a patent case addressing eligible subject matter. The court also released a nonprecedential order dismissing an appeal. Here is the introduction to the opinion and a link to the dismissal.
In February, the Federal Circuit heard oral argument in Realtime Data LLC v. Array Networks Inc., a patent case. In this case, the Federal Circuit is reviewing a determination by a district court that Realtime’s patents are directed to an abstract idea and lack inventive concept and are thus invalid under 35 U.S.C. § 101. The panel hearing the oral argument included Judges Newman, Reyna, and Taranto. This is our argument recap.
Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:
- an article about a Federal Circuit panel concerning whether “patents, which relate to data compression and storage,” are too abstract; and
- another article about another “Federal Circuit panel . . . discuss[ing] when a party may look behind a legal challenger to discover the ‘real party in interest.’”
This week is Court Week at the Federal Circuit. In total, the court will convene eleven panels to consider 48 cases this week and on Tuesday of next week. Of these 48 cases, the court will hear oral arguments in 35. The Federal Circuit is providing access to live audio of these arguments via the Federal Circuit’s YouTube channel. Of the argued cases, three cases attracted amicus briefs. Two are appeals of judgments of patent ineligibility, and one is an appeal of an order to request the Food and Drug Administration to remove (or “delist”) a patent from the FDA’s so-called Orange Book. Here’s what you need to know about these three cases.
As we reported yesterday, three cases being argued in February at the Federal Circuit attracted amicus briefs. One of those cases is Realtime Data LLC v. Array Networks Inc., a patent case. In this case, the Federal Circuit will review a determination by a district court that Realtime’s patents are directed to an abstract idea and lack inventive concept and are thus invalid under 35 U.S.C. § 101. This is our argument preview.
Here is this month’s update on activity in cases pending before panels of the Federal Circuit where the cases involve at least one amicus brief. We keep track of these cases in the “Other Cases” section of our blog. Today, with respect to these cases, we highlight three cases with upcoming oral arguments: two patent cases and one takings case. Additionally, there is one patent case with new briefing.