FedCircuitBlog

Here is an update on recent en banc activity at the Federal Circuit. In one of the two pending en banc veterans cases, the Court invited the National Organization of Veterans Advocates to file an amended petition. In the other case, two amicus briefs were filed. With respect to petitions for en banc rehearing in patent cases, highlights include a new invitation to respond to a petition raising questions related to literal infringement and claim construction; a new amicus brief filed in a case raising questions related to prosecution history estoppel, vitiation, and reasonable royalties; and the denial of two petitions in cases raising questions related to patent marking, expert testimony, willful infringement, and inventorship. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit. The en banc court heard oral argument in a veterans case last week. As for petitions for en banc consideration in patent cases, a new petition was filed in a case raising questions related to literal infringement and claim construction; the court invited a response to a petition raising a question related to sanctions; and the court denied two petitions, one in a pro se case and one raising a question related to non-obviousness. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit. In one of the two pending en banc cases addressing veterans law, the court requested the parties file supplemental briefs to address concerns with Article III standing. Other updates include new petitions raising questions related to patent marking, expert testimony, willful infringement, and sanctions; a new invitation to respond to a petition raising a question related to remedies; a new amicus brief in a case raising a question related to double-patenting; and the denial of two petitions raising questions related to patent eligibility and claim construction. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit. In one of the two cases in which the court has granted en banc hearings, the National Organization of Veterans Advocates filed a reply brief. In cases with pending petitions for en banc consideration, highlights include responses to two petitions raising issues related to patent eligibility and inventorship, and a voluntary withdrawal of a petition related to venue.

• Sweat the Small Stuff: Lessons of Federal Circuit Damages Cases – Marking, interest accrual, and awards calculation have been important issues in six Federal Circuit decisions on patent damages, but the Federal Circuit has been reluctant to overturn jury awards in other damages cases.
• Standard Essentiality is a Question for the Fact Finder – Earlier this month, the Federal Circuit held in Godo Kaisha IP Bridge 1 v. TCL Communications Technology Holdings that the trier of fact should determine whether patent claims are essential to all implementations of an industry standard.
• The Little Tucker Act is Alive and Well – The Federal Circuit’s recent decision in National Veterans Legal Services Program v. United States reaffirms to plaintiffs with small non-tort claims against the United States that they can file either in the Court of Federal Claims or in a local district court.

Here’s the latest.

This post summarizes recent activity at the Supreme Court in cases decided by the Federal Circuit.

• The Supreme Court received three new petitions for writs of certiorari in (1) ThermoLife International LLC v. Iancu, (2) SRAM, LLC v. FOX Factory, Inc., and (3) Halim v. United States.
• Aquesitive submitted a brief in opposition to the petition in BioDelivery Sciences International, Inc. v. Aquestive Therapeutics, Inc.
• Two replies were submitted to the Court, the first by Smith & Nephew in Smith & Nephew, Inc. v. Arthrex, Inc. and the second by TCL in TCL Communication Technology Holdings Limited v. Telefonaktiebolaget LM Ericsson.

Here are the details.

This post summarizes recent activity at the Supreme Court in cases decided by the Federal Circuit.

• The Supreme Court received the four new petitions for writs of certiorari in (1) Strand v. United States, (2) Comcast Cable Communications, LLC v. Promptu Systems Corp., (3) HZNP Finance Ltd. v. Actavis Laboratories UT, Inc., and (4) Martin v. Department of Homeland Security.
• Both the United States in Campbell v. United States and Ericsson, Inc. in TCL Communication Technology Holdings Limited v. Telefonaktiebolaget LM Ericsson submitted briefs in opposition to petitions.
• Two replies were submitted to the Court, the first by Andrea Lea in Lea v. United States and the second by Jake LaTurner in LaTurner v. United States.
• Five amicus briefs were filed in three cases: (1) United States v. Arthrex, Inc., (2) Arthrex, Inc. v. Smith & Nephew, Inc., and (3) Polaris Innovations Ltd. v. Kingston Technology Co.

Here are the details.

• Federal Circuit Denies Uniloc’s Motion to Seal Documents – In Uniloc 2017 LLC v. Apple, Inc., the Federal Circuit affirmed the district court’s no-seal order, with the exception of third party licensees who were promised confidentiality.
• Toyota Fails to Revive Patent on Fingerprint-Reducing Coating – On Friday, the Federal Circuit agreed with PTAB’s conclusion that Toyota’s patent for reducing fingerprints on touchscreens was invalid for obviousness in Toyota Motor Corp. v. Reactive Surfaces Ltd.
• Federal Circuit’s Ruling Could Make it Easier to Prove Infringement of SEPs – In Godo Kaisha IP Bridge I v. TCL Commc’n Tech. Holdings Ltd., the Federal Circuit seemed unconvinced by TCL’s oral argument against the district court’s finding that TCL infringed two IP Bridge patents.

Here’s the latest.

This post summarizes recent activity at the Supreme Court in cases decided by the Federal Circuit.

• One new petition for certiorari was filed in Ameranth, Inc. v. Domino’s Pizza, LLC.
• In Arthrex, Inc. v. Smith & Nephew, Inc., two briefs in opposition were filed. One brief from Smith & Nephew, Inc. and ArthroCare Corp. and the other from the United States.
• The Supreme Court received a total of five amicus briefs this week. Four amicus briefs in TCL Communication Technology Holdings Limited v. Telefonaktiebolaget LM Ericsson and one amicus brief in Callan Campbell v. United States.
• In Ford Motor Co. v. United States, Ford submitted its reply to the United States’ brief in opposition.

Here are the details.

This post summarizes recent activity at the Supreme Court in cases decided by the Federal Circuit.

• Two new petitions were docketed by the Supreme Court this week. Those cases were B.E. Technology, L.L.C., Petitioner v. Facebook, Inc. and Tonya Knowles, Petitioner v. Department of Veterans Affairs.
• The Supreme Court received four separate replies for the following petitions: (1) American Institute for International Steel, Inc. v. United States, (2) Baley v. United States, (3) Chrimar Systems, Inc. v. Ale USA Inc., and (4) CJ ChellJedang Corp. v. International Trade Commission.
• Finally, two new amicus briefs were submitted to the Court this week. The first by the Center for Auto Safety in Callan Campbell v. United States and the second by ACT | The App Association in TCL Communication Technology Holdings Limited v. Telefonaktiebolaget LM Ericsson.

Here are the details.