This morning, the Federal Circuit released a precedential opinion and a nonprecedential opinion in two cases appealed from the Merit Systems Protection Board. The court also released five nonprecedential orders, which included three summary affirmances and two dismissals. Here are the introductions of the opinion and links to the orders.
This morning the Federal Circuit issued a precedential opinion in a trademark case appealed from the Trademark Trial and Appeal Board. The opinion affirms the Board’s refusal to register a stylized form of “.SUCKS” as a trademark. The court also issued a nonprecedential opinion in a patent case appealed from the Patent Trial and Appeal Board. Here are the introductions to the opinions.
Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received a new petition raising a question related to indefiniteness. Additionally, the court received a response to a petition concerning the treatment of expert opinions. Lastly, the court denied three petitions raising questions related to the termination of inter partes review proceedings, jurisdiction, and enablement. Here are the details.
Here is an update on recent en banc activity at the Federal Circuit. In patent cases, the court received four new petitions this week, addressing issues of claim construction, the replacement of a primary prior art reference after institution by the Patent Trial and Appeal Board, the evaluation of patent eligibility, and contractual patent ownership. The court also received a response to a petition that raised a question related to the power of the Patent Trial and Appeal Board to terminate an instituted proceeding on the eve of a merits-based final written decision. Here are the details.
Here is an update on recent en banc activity at the Federal Circuit in patent cases. It was a busy week at the Federal Circuit. The court received two new petitions in cases addressing issues of enablement, eligibility, and personal jurisdiction. Additionally, the court invited responses in three cases addressing termination of inter partes review proceedings, evaluation of expert opinions on summary judgment, and competitor standing. The court also received a response to a petition raising a question related to enablement. Lastly, the court issued two new denials, one in a case concerning 35 U.S.C. § 112(f) and another in a pro se case. Here are the details.
Here is an update on recent en banc activity at the Federal Circuit. We are still waiting for the court to issue an opinion in Arellano v. McDonough, an en banc veterans case. As for pending petitions in patent cases, highlights include new petitions concerning Patent Trial and Appeal Board termination of inter partes review proceedings, reviewability of Board discovery rulings related to real-party-in-interest disputes, the utilization of expert witnesses in district court summary judgment proceedings, and standing before the Board. Here are the details.
- PTAB Axes 2 Uniloc Patents, Trims Another In Tech Giant Row – The Patent Trial and Appeal Board handed down three decisions invalidating Uniloc patents under the theory that the patent claims were obvious.
- U.S. Supreme Court rebuffs Merck appeal in hepatitis C patent fight with Gilead – The Supreme Court declined to revive a $2.54 billion jury verdict for Merck after the Federal Circuit found that Merck’s patent claims concerning a family of compounds used to treat hepatitis C were overly broad.
- Fed. Circ. Won’t Undo PTAB Rulings On Motorola Patents – On Tuesday, in a trio of unanimous opinions, the Federal Circuit affirmed the Patent Trial and Appeal Board’s decisions that upheld Motorola patents.