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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Opinions & Orders – September 29, 2021

This morning the Federal Circuit issued two precedential opinions and one nonprecedential opinion. The first precedential opinion resulted from an appeal from the Patent Trial and Appeal Board, and in the opinion the court addressed when ex parte reexamination is available to a requester who has already made the same arguments in an inter partes review proceeding. The second precedential opinion resulted from an appeal from the Armed Services Board of Contract Appeals, and in the opinion the court addressed issues related to government contract claims. The nonprecedential opinion resulted in another appeal from the PTAB. Here are the introductions to the opinions.

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