FedCircuitBlog

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

• an article discussing why “inventors [should be] wary of exhibiting their inventions too early”;
• a blog post about a Federal Circuit decision finding a district court’s “preliminary injunction barring the owner of patents . . . from communicating to its customers that a competitor was infringing its patents” was an abuse of its discretion; and
• another article about a former Sirius XM executive’s “challenge to an order compelling her to testify in a patent dispute” and the conclusion of the U.S. Court of Appeals for the D.C. Circuit that the Federal Circuit held jurisdiction over an appeal from the order.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received a new petition raising questions related to the proper interpretation of a forum selection clause and whether it impacts inter partes review. The court also invited a response and received three new amicus briefs in a case that raised a question related to the written description requirement. Finally, the court denied three petitions raising questions relating to the Patent Trial and Appeal Board’s analysis of the non-obviousness requirement, inter partes review estoppel, and the Federal Circuit’s reversal of a judgment in an inter partes review proceeding based on a teaching away finding. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received three new petitions raising questions related to the inducement doctrine’s interaction with Hatch-Waxman Amendments, the Patent Trial and Appeal Board’s analysis of the non-obviousness requirement, and venue. The court also denied two petitions for rehearing en banc raising questions related to anticipation, the evidentiary basis of an invalidity finding, and the proper standard of review of agency determinations. Here are the details.

This morning the Federal Circuit issued nonprecedential opinions in two pro se cases appealed from the United States Court of Federal Claims and the United States Court of Appeals for Veterans Claims. The court also issued three Rule 36 judgments. Here are the introductions to the opinions and links to the Rule 36 judgments.

Today the Federal Circuit issued one precedential opinion in a patent case, one precedential opinion in an international trade case, one precedential opinion in an IRS case, and one nonprecedential Rule 36 judgment. Here are the introductions to the opinions and a list of the Rule 36 judgments.

Last week the Federal Circuit heard oral arguments during its September sitting in Washington DC. Here is a short recap of Fraunhofer-Gesellschaft v. Sirius XM Radio Inc., one of the argued cases we’re following.

This week the Federal Circuit will hold 11 panel hearings and hear oral arguments in about 41 cases. Notable cases include Sanofi-Aventis Deutschland v. Mylan Pharmaceuticals Inc., Fraunhofer-Gesellschaft v. Sirius XM Radio Inc., Intellectual Ventures I LLC v. EMC Corp., and Keith Manufacturing Co. v. Butterfield.