Opinions / Panel Activity

Opinion Summary – Thaler v. Vidal

Last week, the Federal Circuit issued its opinion in Thaler v. Vidal, a patent case we have been watching because it attracted amicus briefs. On appeal, Thaler sought review of a district court’s grant of summary judgment to the U.S. Patent and Trademark Office, which decided that an artificial intelligence machine cannot be an inventor under the Patent Act. In a unanimous opinion authored by Judge Stark and joined by Chief Judge Moore and Judge Taranto, the Federal Circuit affirmed the district court. This is our opinion summary.

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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:

  • an article discussing how “[a] recent ruling opened the door for an administrative patent tribunal to wipe out certain Federal Circuit decisions, which may entice the full federal appeals court to grant a rare re-hearing request”;
  • another article addressing “steps to secure and safeguard US patents for AI-assisted inventions” following the Federal Circuit’s decision in Thaler v. Vidal; and
  • a third article asserting that “[i]nventors who revise a patent to overcome an examiner’s finding that the claims are not patent-eligible cannot later walk back those changes through the reissue process.”
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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:

  • an article addressing how the Federal Circuit recently ruled that “[a]rtificially intelligent machines cannot be named inventors on patents”;
  • a blog post similarly discussing that, “for the purposes of patent law, an inventor must be human”; and
  • another article arguing that a Federal Circuit holding addressing patent law’s written description requirement, if allowed to stand, “threatens to remove the patent system’s incentives to innovation.” 
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Opinions

Opinions & Orders – August 5, 2022

This morning the Federal Circuit released a precedential opinion in a patent case appealed from the Eastern District of Virginia, concluding that the Patent Act requires an inventor to be a natural person. The Federal Circuit also released two nonprecedential orders. One dismisses an appeal for failure to prosecute; one grants the transfer of an appeal from the Eastern District of Pennsylvania to the Court of Appeals for the Third Circuit. Finally, the Federal Circuit released two Rule 36 judgments and an erratum. Here is the introduction to the opinion, text from the orders, and links to the Rule 36 judgments and erratum.

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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:

  • an article discussing the top patent cases to watch in the second half of 2022;
  • another article highlighting how a petition for a writ of certiorari claimed that a Federal Circuit decision “would upend the legal rules governing the modern prescription-drug marketplace”; and
  • a third article urging that the question of whether artificial intelligence can be an inventor under patent law “is one for Congress, not the courts, to address.”
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Panel Activity

Update on Important Panel Activity

Here is this month’s update on activity in cases pending before panels of the Federal Circuit where the cases involve at least one amicus brief. We keep track of these cases in the “Other Cases” section of our blog. Today, with respect to these cases we highlight two opinions, one in patent case and one in a takings case; one new trade case; three oral argument recaps, two in to patent cases and one in a takings case; and two upcoming oral arguments. Here are the details.

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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:

  • an article discussing how “[a]n unusual Federal Circuit decision has given generic drugmakers a new way to successfully challenge pharmaceutical patents with specific types of claims”;
  • another article explaining how “the broader context of [Thaler v. Vidal] can provide strategic guidance for future AI litigation matters”; and
  • a third article highlighting how the Federal Circuit recently reversed a “$2.75 [billion] damages award because [the] judge’s wife owned stock.”
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Argument Recap / Panel Activity

Argument Recap – Thaler v. Vidal

Earlier this month, the Federal Circuit heard oral argument in Thaler v. Vidal, a case we have been following because it attracted an amicus brief. Thaler is the developer, user, and owner of DABUS, an artificial intelligence system that created the two inventions at issue in the case. On appeal, Thaler seeks review of a district court’s grant of summary judgment to the U.S. Patent and Trademark Office, which decided that an artificial intelligence machine cannot be an “inventor” under the Patent Act. This is our argument recap.

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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:

  • an article discussing how a “Federal Circuit panel homed in on the question of how to define ‘inventor’ and ‘individual’ in a test case for artificial intelligence inventorship”;
  • another article highlighting how a recent supplemental brief argued that a pending Supreme Court case “will not clarify” questions about Section 101 patent eligibility; and
  • a third article addressing how the Federal Circuit recently held that it is not a defense to willful patent infringement when a “district court . . . judicially correct[s] claims when there are ‘obvious minor typographical and clerical errors in patents’ without changing the scope of the claim.”
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Court Week / Panel Activity

Court Week – What You Need to Know

This week is Court Week at the Federal Circuit, with hearings starting today. The Federal Circuit is providing access to live audio of each panel scheduled for argument via the Federal Circuit’s YouTube channel. In total, the court will convene 10 panels to consider about 55 cases. Of these 55 cases, the court will hear oral arguments in 39. Of these argued cases, three attracted amicus briefs: two patent cases and one takings case. Here’s what you need to know about these three cases.

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