This morning, the Federal Circuit released a nonprecedential opinion dismissing a pro se appeal for lack of jurisdiction. The court also released a summary affirmance and an order dismissing an appeal. Here is the introduction to the opinion and links to the summary affirmance and dismissal.
This morning the Federal Circuit released two nonprecedential orders in patent cases denying petitions for writs of mandamus. Notably, both petitions sought to order the U.S. Patent and Trademark Office to terminate pending ex parte reexamination proceedings. The court also released an order dismissing an appeal. Here is text from the orders and a link to the dismissal.
Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:
- an article discussing an amicus brief filed by a group of intellectual property professors in support of an en banc petition in a patent case raising questions about claim construction;
- another article addressing a recent Federal Circuit decision that “clarifies infringement analysis”; and
- a third article detailing how the U.S. Supreme Court denied a petition to review a Federal Circuit patent case.
This morning the Federal Circuit released two precedential opinions. The first comes in a veterans case appealed from the Court of Appeals for Veterans Claims. Notably, Judge Newman dissented. The second comes in a patent case appealed from the Central District of California. The court also released a nonprecedential opinion in a patent case appealed from the District of Utah. Finally, the court released three nonprecedential orders. One denies a petition to transfer a case to the Northern District of California; one dismisses an appeal for lack of jurisdiction and denies petitions for writs of mandamus; and one denies a petition and cross-petition to appeal from an order of the Northern District of California. Here are the introductions to the opinions and text from the orders.
- Apple loses seven-year import duty legal fight – The Federal Circuit affirmed the U.S. Government’s categorization of Apple’s iPad Smart Covers, thereby subjecting the models to tariffs.
- Federal Circuit Affirmed Win Against Database Platform – Hulu successfully challenged a database patent in Sound View Innovations, LLC v. Hulu, LLC.
- Federal Circuit Vacates Denial of Attorneys’ Fees – In a precedential opinion, the Federal Circuit held that the district court must consider the objective unreasonableness of an infringement claim in determining whether to grant attorneys’ fees.
Here’s the latest.
Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include three new petitions raising questions related to prosecution history estoppel and vitiation and the denial of three petitions raising questions related to the Appointments Clause, definiteness, written description, and enablement. Here are the details.
Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include new petitions filed in six cases raising questions relating to design patent claim construction, damages, claim construction, eligibility, inequitable conduct, non-obviousness, joinder, and deference to Precedential Opinion Panels; three requests for responses to petitions raising questions related to venue, eligibility, non-obviousness, and claim construction; and the denial of six petitions raising issues including the Appointments Clause, claim construction, prosecution history estoppel, and damages. Here are the details.
Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include new petitions filed in five cases raising questions related to the Appointments Clause, marking and notice, and definiteness; one response to a petition raising questions related to collateral estoppel and inter partes review; one request by the Federal Circuit for a response to a petition raising questions related to collateral estoppel and the doctrine of equivalents; and the denial of petitions in three cases (including, notably, Arthrex). Here are the details.