FedCircuitBlog

Here is an update on recent en banc activity at the Federal Circuit. Highlights include a new petition filed in a case raising a question related to jurisdiction over an appeal from the Patent Trial and Appeal Board; a dismissal agreement in a case raising questions related to vitiation; and the denial of petitions in three cases raising questions related to prosecution history estoppel and the Appointments Clause. Here are the details.

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 patent cases in the “Other Cases” section of our blog. Today, with respect to these cases we highlight two dispositions, one new case, three recent oral arguments, and two upcoming oral arguments.

This morning the Federal Circuit issued a precedential opinion in a patent case and a nonprecedential order unsealing it; two precedential orders in a patent case denying panel and en banc rehearing respectively; and nonprecedential opinions in a veterans case, two patent cases, and a tax case. Here are the introductions to the opinions and text from the orders.

May the Patent Trial and Appeal Board reject a motion to amend a patent in an inter partes review because the Board concludes that a proposed substitute claim does not comply with the eligibility requirement? The Federal Circuit considered that question during an oral argument last week in Uniloc 2017 LLC v. Hulu, LLC. As discussed in our argument preview, the case attracted an amicus brief in favor of the Board’s position that it may consider eligibility in this context. Here is our argument recap.

This week (and next Monday) the Federal Circuit will convene 18 panels to consider about 69 cases. This month, like last moth, the court will hear all of its oral arguments telephonically given the coronavirus pandemic. Moreover, the court will hear fewer oral arguments than normal, with only about 26 cases being argued this month. Three of these argued cases attracted amicus briefs. Here is what you need to know about those three cases.

The third case being argued this month that attracted an amicus brief is a patent case, Uniloc 2017 LLC v. Hulu, LLC. This case is an appeal from an invalidation of patent claims in an inter partes review proceeding. In it, Uniloc argues the Patent Trial and Appeal Board “erred in denying, based only on a § 101 patent eligibility challenge, Uniloc’s motion to amend the patent.” In particular, Uniloc’s position is that § 101 challenges are not permissible in IPRs, even with respect to proposed new claims. This is our argument preview.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include two responses to a petition raising questions related to prosecution history estoppel; one amicus brief in a case raising questions related to venue; and the denial of three petitions related to attorney’s fees, transfer, and Arthrex-related arguments. Here are the details.

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights a call for the Federal Circuit to live stream an upcoming hearing for the public, a petition to the Supreme Court related to sovereign immunity and venue, and an appeal to the Federal Circuit of a ruling granting an extra year of college tuition benefits to thousands of veterans.

This morning the Federal Circuit issued four Rule 36 judgments. Here is a list of the judgments.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include four new petitions, three of which related to Arthrex and another related to obviousness, two responses to petitions raising questions related to the statutory experimental use exception and obviousness, and the denial of three petitions. Here are the details.