News

Recent News on the Federal Circuit

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

  • a blog post discussing how, “in many IP cases involving foreign defendants,” circumventing Article 5 of the Hague Convention may provide a “sense of victory [that] might be premature”;
  • an article addressing “whether portfolio patent licenses can be sufficiently comparable to a single-patent license for the purposes of supporting a patent damages verdict”;
  • another blog post detailing the Federal Circuit’s clarification of “the distinction between conduct warranting enhanced damages and the lesser standard of willful infringement”; and
  • a report about how the Federal Circuit “revived a military security contractor’s bid for reimbursement of a penalty charged by Afghanistan’s government.”
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News

Recent News on the Federal Circuit

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

  • a blog post explaining how a company that was “denied institution on three inter partes review (IPR) petitions . . . could not simply ‘repackage’ arguments raised in its IPR petition to challenge the same patent via ex parte reexamination”;
  • an article discussing how “[t]he U.S. Court of Appeals for the Federal Circuit keeps on laying down rules of the road for U.S. District Judge Alan Albright of the Western District of Texas when it comes to transferring cases to California”;
  • a post discussing whether a recent Federal Circuit opinion “may be hinting that willful blindness isn’t enough, by itself, for willful [patent] infringement”; and
  • another blog post noting tension between how the Federal Circuit reviews the Patent Trial and Appeal Board and its own practice with respect to Rule 36 summary affirmances.
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Opinions

Opinions & Orders – September 28, 2021

This morning the Federal Circuit issued a precedential opinion in a patent case appealed from the U.S. District Court for the District of Delaware. The opinion addresses issues related to willful infringement, enhanced damages, and attorney fees. Here is the introduction to the opinion.

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Petitions / Supreme Court Activity

Recent Supreme Court Activity

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. There is no news to report on granted cases and no new petitions were filed. However, four new reply briefs in support of petitions were filed, and the Supreme Court did deny four previously-filed petitions. Here are the details.

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Petitions / Supreme Court Activity

Recent Supreme Court Activity

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. Highlights include one new petition regarding Covered Business Method review of patents, a reply brief and two amicus briefs in support of a petition related to patent damages and the impact of USPTO invalidations of patents on pending infringement litigation, and another reply brief in favor of a petition related to patent eligibility. Here are the details.

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Petitions / Supreme Court Activity

Recent Supreme Court Activity

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. It was another quiet week at the Supreme Court, with only one new petition, one brief, and four denials of petitions.

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Petitions / Supreme Court Activity

Recent Supreme Court Activity

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. In stark contrast to last week, it was a rather quiet week at the Court. Highlights include an additional amicus brief in Google LLC v. Oracle America, Inc., two responses to petitions, and one denial of a petition.

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Petitions / Supreme Court Activity

Recent Supreme Court Activity

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. As for merits cases, highlights include an oral argument and a slew of amicus briefs, respectively, in two cases. As for petitions, only one new petition was filed, and just a handful of response and reply briefs were filed. The Supreme Court, however, denied petitions in a large number of cases, including most notably in Athena, Hikma, and HP, as we previously discussed. Here are the details.

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Petitions / Supreme Court Activity

Recent Supreme Court Activity

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. In granted cases, the Court issued orders on motions for divided arguments and received two reply briefs. In petitions cases, the Court granted a petition, denied two petitions, and received a new petition and several briefs.

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