FedCircuitBlog

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include new responses to three petitions raising questions relating to the authority of the International Trade Commission, the statutory experimental use exception to infringement liability, and the use of comparable licenses to calculate damages awards. The court also received two new amicus briefs supporting a petition relating to attorney fees and invited a response to the same petition. Finally, the court denied three petitions raising issues related to design patent law’s nonobviousness requirement, the statutory experimental use exception to infringement liability, and personal jurisdiction. Here are the details.

Here is an update on recent en banc activity in patent cases at the Federal Circuit. All we have to report is one new petition raising a question about minimum contacts for establishing personal jurisdiction. Here are the details.

This morning the Federal Circuit released related precedential and nonprecedential opinions addressing parallel appeals from judgments of a district court and the Patent Trial and Appeal Board related to the same patents. In the precedential opinion, the Federal Circuit vacates a district court’s judgment of willful infringement and remands with instructions to dismiss the case as moot given the Federal Circuit’s holding in the related nonprecedential opinion affirming final written decisions of the Patent Trial and Appeal Board finding all of the asserted claims invalid. The Federal Circuit also released another precedential opinion reversing a district court’s finding of lack of personal jurisdiction in another patent infringement dispute. Finally, the Federal Circuit released a second nonprecedential opinion, this one in a separate appeal from another final written decision of the Patent Trial and Appeal Board in an inter partes review proceeding. Here are the introductions to the opinions.