FedCircuitBlog

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 petition requesting the Supreme Court to “weigh in” on the Federal Circuit’s “ruling that created a new standard for how courts should review challenges to design patents”; and
• an article discussing a Federal Circuit opinion that “vacated [a] district court’s final judgment due to an erroneous jury instruction on obviousness.”

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 oral argument this week in a case originating at the Merit Systems Protection Board, Harrow v. Department of Defense. With respect to petitions, one new petition was filed in a design patent case, a brief in opposition was filed in a veterans case, and the Court denied a petition in a pro se case. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit. Highlights include a new petition for rehearing in a patent case concerning the presumption of nexus related to secondary considerations of non-obviousness, along with three denials of rehearing in cases raising questions related to Rule 36, anticipation, secondary considerations of non-obviousness, and design patent infringement. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit. Highlights include a new petition in a patent case raising a question concerning prior art for purposes of design patent law and two denials of petitions in two other patent cases raising questions related to the law governing reissue proceedings and fee shifting, respectively. Here are the details.

Today, the Federal Circuit released one precedential opinion and two nonprecedential orders. The opinion vacates a non-infringement judgment in a patent case and remands for further proceedings. Interestingly, the Federal Circuit previously vacated a summary judgment of infringement in the same case. The nonprecedential orders each grant unopposed motions for voluntary dismissals. Here is the introduction to the opinion and the links to the dismissals.

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

• an article reporting how the Federal Circuit concluded that the Patent Trial and Appeal Board “did not improperly place the burden of persuasion for proving unpatentability of proposed substitute claims . . . on [the patent owner].”
• another article highlighting an upcoming Federal Circuit argument concerning constitutional standing; and
• a blog post discussing “the scope of ‘comparison prior art’ available for the ordinary observer infringement analysis” in design patent cases.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include new petitions filed in six cases raising questions related to the Appointments Clause, claim construction, and implied licenses, one request by the Federal Circuit for a response to a petition raising questions related to collateral estoppel and inter partes review, and the denial of three petitions raising questions related to transfer, waiver, and design patent infringement. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include five new petitions related to obviousness, Arthrex, alleged appellate fact-finding, and prevailing party determinations; one response to a petition raising arguments related to Arthrex; three amicus briefs in support of a petition concerning design patent infringement; and an order denying a petition related to definiteness with a dissent by four judges. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include one new petition related to obviousness, one amicus brief in support of a petition related to transfer, one notice of supplemental authority related to expert testimony and a response to the notice, and the denial of two petitions. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include one new petition related to obviousness, one response to a petition related to design patents, two requests for responses to petitions related to Arthrex and transfer, two amicus briefs in support of petitions related to the written description and enablement requirements, and the denial of one petition related to Arthrex and obviousness. Here are the details.