FedCircuitBlog

Earlier this month, the Federal Circuit heard oral argument in New Vision Gaming & Development, Inc. v. LNW Gaming, a patent case. In it, the Federal Circuit considered an appeal from two judgments of the Patent Trial and Appeal Board in covered business method review proceedings. New Vision contended the overall structure for instituting and funding post-grant review proceedings under the America Invents Act “creates impermissible incentives for the PTAB, its leadership, and the individual administrative patent judges.” These incentives, New Vision argued, violate the Due Process Clause of the Constitution. New Vision also argued the “petitions should have been denied pursuant to the contractual obligation that all disputes over the [relevant] agreement are to be resolved in a Nevada court.” Judges Lourie, Prost, and Reyna heard the argument This is our argument recap.

This week is Court Week at the Federal Circuit. In total, the court will convene nine panels to consider 46 cases. Of these 46 cases, the court will hear oral arguments in 34. The Federal Circuit is providing access to live audio of these arguments via the Federal Circuit’s YouTube channel. This month, two cases attracted amicus briefs. Here’s what you need to know about these two cases.

Two cases being argued this month at the Federal Circuit attracted amicus briefs. The second case is New Vision Gaming & Development, Inc. v. LNW Gaming, a patent case. In it, the Federal Circuit will review two judgments of the Patent Trial and Appeal Board in covered business method review proceedings. New Vision contends the overall structure for instituting and funding post-grant review proceedings under the America Invents Act “creates impermissible incentives for the PTAB, its leadership, and the individual administrative patent judges.” These incentives, New Vision argues, violate the Due Process Clause of the Constitution. New Vision also argues the “petitions should have been denied pursuant to the contractual obligation that all disputes over the [relevant] agreement are to be resolved in a Nevada court.” This is our argument preview.

Here is the first of two updates this week 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 in which the court, due to a motion to expedite, heard oral argument recently. Additionally, we highlight new briefings in two patent cases as well as four recent opinions. Here are the details.

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 six new cases, three of which involve petitions for writs of mandamus that were ultimately denied by the Federal Circuit. Additionally, we highlight an opinion in a government contract case and a patent case with a new briefing. Here are the details.

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 an opinion in a takings case, two patent cases with new briefing, one patent case in which one of three appellants voluntarily dismissed its appeal, and three cases (two takings cases and one government contracts case) with upcoming oral arguments. Here are the details.

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.

Late yesterday and this morning the Federal Circuit released four nonprecedential orders granting motions to voluntarily dismiss appeals. Here are the links to the dismissals.

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.