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 a new patent case concerning whether the institution process used by the Patent Trial and Appeal Board comports with due process, an argument recap in a patent case addressing standing, and an opinion in a veterans case relating to class certification. Here are the details.
This month the Federal Circuit issued its opinion in New Vision Gaming & Development, Inc. v. SG Gaming, Inc., a patent case we have been following because it attracted an amicus brief. That brief argued that the Patent Trial and Appeal Board “trial system violates due process.” The brief pointed to an alleged “October Effect” where administrative patent judges allegedly “change their judging standards at the end and beginning of each performance evaluation period” and subjective performance evaluations that allegedly cause reasonable people to “question whether the PTAB invalidates patents so frequently because its constituent APJs try to please their budget-minded bosses through revenue-enhancing decision making.” Notably, Judge Moore authored a brief majority opinion vacating and remanding two decisions by the Patent Trial and Appeal Board based only on the Appointments Clause. Judge Newman concurred in part and dissented in part, but also did not address the alleged due process violation. This is our opinion summary.
If San Francisco Is Not Your Final Destination… – On NatLawReview.com, George Summerfield and Katherine Allor examine the Federal Circuit’s recent patent case addressing personal jurisdiction, Trimble, Inc. v. PerDiemCo LLC.
New Vision Gaming & Development, Inc. v. SG Gaming, Inc. – Kevin E. Noonan reports on this case that we have been tracking, which involved alleged due process violations by the Patent Trial and Appeal Board.
Here is the latest.
This morning the Federal Circuit issued two precedential opinions. The first is a government contract case appealed from the Civilian Board of Contract Appeals and the other is a patent case appealed from the United States Patent and Trademark Office. Here are the introductions to the opinions.
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 two recent oral arguments in a veteran’s case and a patent case, as well as three upcoming oral arguments in a patent case, veteran’s case, and a case concerning the jurisdiction of the Merit Systems Protection Board.
As we have been reporting, two panels of the Federal Circuit heard oral arguments last week in cases that attracted amicus briefs. In one of these cases, New Vision Gaming & Development, Inc. v. SG Gaming, Inc., the court is reviewing two decisions by the Patent Trial and Appeal Board in covered business method reviews and, in particular, arguments that structural bias within the U.S. Patent and Trademark Office in favor of challenges to patents amounts to a due process violation. Judges Moore, Taranto, and Newman heard the arguments. This is our argument recap.
- The Upshot of Google v. Oracle: An Absurd Ruling Will Lead to Absurd Results – This recent decision in copyright law may transform how copyrights in software are viewed and force copyright owners to be more secretive with their code.
- Federal Circuit Appears Unswayed by Patent Board Bias Attack – In oral argument, a majority of the panel seemed skeptical of New Vision’s argument of bias towards institution of IPRs by the PTAB.
- Justices Asked To Revisit “Life Issues” In Tinder’s IP Alice Win – The Supreme Court was asked to reconsider the Federal Circuit’s decision in NetSoc LLC v. Match Group LLC over concerns of the application of Alice to NetSoc’s patent.
Here’s the latest.
This week is Court Week at the Federal Circuit. As in the past several months, the court will hear its oral arguments telephonically given the coronavirus pandemic. Notably, however, this month the Federal Circuit is providing access to live audio of each panel scheduled for argument via the Federal Circuit’s YouTube channel rather than via telephone conference calls as in past months. In total, the court will convene 16 panels to consider about 61 cases. Of these 61 cases, the court will hear oral arguments in 41. Of the argued cases, two attracted amicus briefs: one a veterans case and one a patent case. Here’s what you need to know about these two cases.
The second and final case being argued next week at the Federal Circuit that attracted amicus briefs is New Vision Gaming & Development, Inc. v. SG Gaming, Inc. In this patent case, New Vision appeals two decisions by the Patent Trial and Appeal Board in covered business method reviews. New Vision contends the overall structure of post-grant review proceedings under the America Invents Act “creates impermissible incentives for the PTAB, its leadership, and the individual administrative patent judges (‘APJs’)” and that such temptation violates the Due Process Clause of the Constitution. It also argues that the PTAB “abdicated its obligation to exercise its discretionary authority in the face of [a] contractual obligation to not bring a PTAB challenge,” and that the APJs were unconstitutionally appointed. It also maintains that the PTAB erred in finding ineligibility. This is our argument preview.