FedCircuitBlog

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 dispositions in patent cases appealed from federal district courts and a disposition in a takings case appealed from Court of Federal Claims. Here are the details.

Earlier this week the Federal Circuit issued its opinion in Mobility Workx, LLC v. Unified Patents, LLC, a patent case we have been following because it attracted an amicus brief. The case was argued before a panel that included Judges Newman, Schall, and Dyk. Mobility requested a remand to the Patent and Trademark Office in light of the Supreme Court’s holding in United States v. Arthrex, Inc., but it also made numerous constitutional challenges to the structure of the Patent Trial and Appeal Board. Judge Dyk authored the majority opinion in the case, ultimately remanding the case to the Acting Director of the Patent and Trademark Office to consider whether to grant a rehearing in light of Arthrex, but also concluding that Mobility’s constitutional arguments are without merit. Notably, Judge Newman authored an opinion concurring in part and dissenting in part. This is our opinion summary.

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

• a blog post assessing the Federal Circuit’s “reject[ion] [of the] argument that . . . PTAB Judges have an improper financial interest in instituting AIA proceedings”;
• an article discussing how General Motors, in a recent Federal Circuit decision, “beat back a challenge by computer-component maker Micro Mobio Corp” in a trademark dispute;
• another blog post providing an update on a case “in which the court concluded that the USPTO cannot recover expert witness fees in actions brought under 35 U.S.C. § 145”; and
• an article detailing how “Nokia Oyj, Sprint Corp., and Verizon Communications Inc. are cleared of allegations that their products infringe wireless network patents owned by Traxcell Technologies LLC.”

This morning the Federal Circuit issued a precedential opinion in a patent case appealed from the Patent Trial and Appeal Board and two nonprecedential opinions in cases appealed from the Court of Federal Claims and the Trademark Trial and Appeal Board. In addition, the court issued two nonprecedential orders granting petitions for writs of mandamus ordering the Western District of Texas to transfer patent cases. Finally, the Federal Circuit issued a Rule 36 judgment. Here are the introductions to the opinions and orders and a link to the Rule 36 judgment.

This morning the Federal Circuit issued a precedential opinion in a trade case appealed from the United States Court of International Trade. The court also issued three nonprecedential opinions in employment and veteran cases appealed from the Merit Systems Protection Board and the United States Court of Appeals for Veterans Claims respectively. Finally, the court also issued six Rule 36 judgments. Here are the introductions to the opinions and links to the Rule 36 judgments.

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 six dispositions, one new case, one case with new briefing, and one oral argument recap. Here are the details.

This morning the Federal Circuit issued two nonprecedential opinions in patent cases appealed from the United States Patent and Trademark Office, a nonprecedential order denying a petition for writ of mandamus along with a concurring opinion by Judge Reyna, and one Rule 36 judgment. Here are the introductions to the opinions and order and a link to the Rule 36 judgment.

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 one disposition in a veterans law case, two oral argument recaps in a patent case and a veterans law case, four new patent cases, a patent case with new briefing, and four upcoming oral arguments in related Tucker Act cases. Here are the details.

Here is an 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 three recent dispositions in two patent cases and a case appealed from the Merit Systems Protection Board, a copyright case attracting two amicus briefs, new briefing (including a second amicus brief) in a patent case, and two recent oral arguments in a patent and a veterans case. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. While there were no recent petitions, responses to petitions, or denials of petitions, the court did receive several amicus briefs. One amicus brief came in Apple Inc. v. Qualcomm Inc., a case concerning the panel’s decision to deny competitor standing in an appeal from the Patent Trial and Appeal Board. Three came in Amgen Inc. v. Sanofi, Aventisub LLC, where the petition raised questions related to “the panel’s new enablement test for genus claims with functional limitations” and whether that test is consistent with Supreme Court precedent on point. Here are the details.