FedCircuitBlog

This morning, the Federal Circuit released one precedential opinion and five nonprecedential opinions. In the precedential opinion, the court reversed a decision of the Patent Trial and Appeal Board based on an incorrect interpretation of the patent statute in the context of determining what qualifies as prior art for use in an inter partes review proceeding. Of the nonprecedential opinions, one comes in a vaccine case, one in an international trade case, one in a patent case appealed from the Patent Trial and Appeal Board, and two in patent cases appealed from district courts. Notably, Judge Stark filed additional views in the international trade case, indicating potential disagreement with the court’s law governing differential pricing analyses, while Judge Prost filed a concurring opinion in the nonprecedential opinion reviewing a decision of the Patent Trial and Appeal Board. Here are the introductions to the opinions.

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

• an article focusing on the Federal Circuit’s recent precedential decision overruling a district court’s conclusion that [patent] claims were directed to ineligible subject matter;
• a blog post discussing the Federal Circuit’s conclusion that a forum selection clause did not apply to inter partes review proceedings at the Patent Trial and Appeal Board;
• an article addressing how the Federal Circuit found that “claims of a patent covering an artificial heart valve were erroneously held to be unpatentable by the US Patent Trial and Appeal Board”; and
• a blog post discussing how “the Federal Circuit affirmed an exclusion order by the [International Trade] Commission” in a patent case.

This morning the Federal Circuit issued two nonprecedential opinions: one in a patent case appealed from the Patent Trial and Appeal Board, and one in a veterans case appealed from the Court of Appeals for Veterans Claims. Here are the introductions to the opinions.

• Full Federal Circuit Won’t Revisit Dana-Farber Win on Named Inventors – The Federal Circuit refused to rehear a case en banc involving the addition of inventors to a pharmaceutical patent.
• CAFC Affirms District Court Dismissal of Declaratory Judgment Under Doctrine of ‘Abstention’ – The Doctrine of ‘Abstention’ guided the Federal Circuit’s decision in Warsaw Orthopedic, Inc. v. Sasso to affirm the lower court’s ruling to dismiss a claim for declaratory judgment.
• Broadest Reasonable Interpretation in Light of the Specification – Snyders Heart Valve can continue its infringement claims against St. Jude’s Medical after a recent decision by the Federal Circuit.

Here’s the latest.

This morning, the Federal Circuit issued one precedential opinion in a trade case, one precedential opinion in a patent case, and one nonprecedential opinion in an appeal from the Merit Systems Protection Board. Here are the introductions to the opinions.

This morning, the Federal Circuit issued two nonprecedential opinions in a patent case and a case appealed from the Merit Systems Protection Board. Here are the introductions to the opinions.