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 & Orders – September 27, 2021

This morning the Federal Circuit issued a nonprecedential opinion in a patent case appealed from the Patent Trial and Appeal Board. The court also issued three nonprecedential orders. All three orders ruled on to petitions for writs of mandamus to transfer cases out of the Western District of Texas. The court denied petitions in two of the orders, but granted the petition in one of the orders. Here are the introductions to the opinion and orders.  

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