En Banc Activity

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit. Highlights include a new petition filed in a patent case raising a question at the intersection of infringement and claim construction, along with a denial of a petition in another patent case raising questions related to the domestic industry requirement at the International Trade Commission. Here are the details.

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En Banc Activity

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit. Highlights include a new petition filed in a patent case raising questions regarding the domestic industry requirement at the International Trade Commission and a denial of another petition in another patent case raising questions related to infringement. Here are the details.

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Opinions

Opinions & Orders – January 19, 2024

This morning, the Federal Circuit released one precedential opinion. It addresses an appeal from a final determination from the International Trade Commission in a patent matter. Here is the introduction to the opinion.

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Opinions

Opinions & Orders – August 28, 2023

Today, the Federal Circuit released two opinions, one precedential and one nonprecedential, both in patent cases. The precedential opinion, which inspired six amici briefs, addresses obviousness-type double patenting. The nonprecedential opinion involves a consolidated appeal of two inter partes review decisions, which held all challenged claims invalid on grounds of obviousness. Here are the introductions to the opinions.

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Opinions

Opinions & Orders – August 18, 2023

Today, the Federal Circuit released a nonprecedential opinion in a patent case appealed from the Patent and Trademark Office. The opinion discusses why the court affirmed the invalidation of numerous claims of three patents for obviousness. The court also released a summary affirmance under Federal Circuit Rule 36 and a nonprecedential order dismissing an appeal. Here is the introduction to the opinion and links to the summary affirmance and dismissal.

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En Banc Activity

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include two new petitions raising questions concerning actual reduction to practice and obviousness. The court also denied another petition raising a question related to obviousness. Here are the details.

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News

Recent News on the Federal Circuit

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

  • an article and a blog post providing information on the recently released letter and order regarding the ongoing investigation into Judge Newman’s fitness to serve as a judge; and
  • a blog post discussing whether obviousness is a question of law or fact.
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En Banc Activity

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include a new petition presenting a question related to the standard of review of obviousness determinations and a response brief addressing what constitutes a final judgment for purposes of appellate jurisdiction. Here are the details.

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News

Recent News on the Federal Circuit

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

  • an article about the recent Federal Circuit decision that “vacated a $576 million judgment against Apple”; and
  • a blog post about the Solicitor General’s recent “amicus brief with the United States Supreme Court advising it to grant Teva Pharmaceuticals’ petition for writ of certiorari.”
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Opinions

Opinions and Orders – March 31, 2023

This morning, the Federal Circuit released two precedential opinions and two nonprecedential opinions. In the first precedential opinion, the court affirmed a judgment of the Patent Trial and Appeal Board. In the second precedential opinion, the Federal Circuit affirmed a judgment of the International Trade Commission. In the first nonprecedential opinion, the Federal Circuit vacated and remanded a judgment of the Eastern District of Texas in a patent case with instructions to dismiss the case as moot. In the second nonprecedential opinion, the Federal Circuit affirmed another judgment of the Patent Trial and Appeal Board. Here are the introductions to the opinions.

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