Argument Recap / Panel Activity

Argument Recap – SAS Institute, Inc. v. World Programming Ltd.

A Federal Circuit panel heard oral argument earlier this month in SAS Institute Inc. v. World Programming Ltd., a copyright case originally filed in the Eastern District of Texas. We have been following this case because it attracted ten amicus briefs, six in support of SAS and four in support of WPL. In this case, SAS appeals a decision by the district court dismissing its claim of copyright infringement by WPL. SAS contends the district court incorrectly analyzed the copyrightability of a computer program and improperly excluded relevant witness testimony. Judges Newman, Reyna, and Wallach heard the oral argument. This is our argument recap.

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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 detailing how “[t]hree judges of the Federal Circuit wrestled at oral argument with whether a trial court properly prevented publication of a patent application . . .”;
  • another article discussing the Federal Circuit’s affirmation of a “district court’s finding that a patent claim does not fail the written description requirement merely because the specification fails to explicitly state a negative claim limitation”;
  • another article detailing how the Federal Circuit has considered whether “USPTO reexam estoppel orders [are] appealable”; and
  • yet another article stating that the Federal Circuit would hear a case “that threatens the statutory presumption afforded copyright registration.”
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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:

  • a blog post detailing how “[t]otal utility patent grants are down about 7% for calendar year 2021”;
  • another blog post explaining how, “[o]n January 6, 2022, the U.S. Patent and Trademark Office announced a new program with the goal of increasing examiner efficiency”;
  • yet another blog post noting that this Blog “has an interesting post, including some briefs, on [this] week’s oral argument in SAS Institute Inc. v. World Programming Ltd.“; and
  • an article discussing a recent takeaway in which a “Federal Circuit’s decision affirms the principle that competitive prejudice is an essential element of a viable bid protest.”
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Court Week

Court Week – What You Need to Know

This week is Court Week at the Federal Circuit, with hearings starting today. Due to the heightened spread of the coronavirus, all January oral arguments will again be held remotely. As it has for some time now, however, the Federal Circuit is providing access to live audio of each panel scheduled for argument via the Federal Circuit’s YouTube channel. In total, including a case set to be argued next week, the court will convene 12 panels to consider about 54 cases. Of these 54 cases, the court will hear oral arguments in 40. Of these argued cases, two attracted amicus briefs: one copyright case and one takings case. Here’s what you need to know about these two cases.

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Argument Preview

Argument Preview – SAS Institute Inc. v. World Programming Ltd.

This week we are previewing two cases scheduled to be argued next week at the Federal Circuit. We are previewing these cases because they attracted amicus briefs. Today we highlight SAS Institute Inc. v. World Programming Ltd. In this copyright case, SAS Institute, Inc. appeals a decision from the Eastern District of Texas, which dismissed SAS’s claim of copyright infringement by World Programming Ltd. SAS contends the district court incorrectly analyzed a copyrighted program and excluded witness testimony. Notably, ten amicus briefs were filed in this case, six of which support SAS and four of which support WPL. This is our argument preview.

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Panel Activity

Update on Important Panel Activity

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 dispositions in a veterans case appealed from the Court of Appeals for Veterans Claims, a patent case appealed from a federal district court, and a tax case appealed from the Court of International Trade. We also highlight a new patent case raising a question related to personal jurisdiction and service of process, along with a copyright case that attracted five new amicus briefs. Here are the details.

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Panel Activity

Update on Important Panel Activity

Here is an 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 recent dispositions in two patent cases and a case appealed from the Merit Systems Protection Board, a copyright case attracting two amicus briefs, new briefing (including a second amicus brief) in a patent case, and two recent oral arguments in a patent and a veterans case. Here are the details.

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Petitions / Supreme Court Activity

Recent Supreme Court Activity

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. Highlights include thirty new amicus briefs in Google Inc. v. Oracle America, Inc., the denial of the application for a stay of the the Federal Circuit’s mandate in Sanofi-Aventis Deutschland GmbH v. Mylan Pharmaceuticals Inc., three new petitions in a trade case and two patent cases, and a new amicus brief in support of a petition related to apportionment of patent damages. Here are the details.

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