Argument Recap

Argument Recap – Uniloc 2017 LLC v. Hulu, LLC

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.

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Court Week

Court Week – What You Need to Know

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.

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Argument Preview

Argument Preview – Uniloc 2017 LLC v. Hulu, LLC

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.

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En Banc Activity / Petitions

Recent En Banc Activity

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.

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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 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.

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Opinions

Today’s Opinions – March 9, 2020

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

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En Banc Activity / Petitions

Recent En Banc Activity

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.

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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 a note on the USPTO urging en banc review in Arthrex v. Smith & Nephew, an article weighing in on a recent dissent by Judge Newman to a denial of en banc rehearing, a discussion of a request for attorneys’ fees by Microsoft in an appeal against Uniloc 2017, and a comment on the Federal Circuit’s recent decision in a life sciences case.

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Panel Activity

Update on Important Panel Activity

As a reminder, once a month we provide an update on activity in patent 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. (There we also highlight non-patent cases that attract amicus brief, but only once those cases have been scheduled for oral argument.) Today, with respect to these patent cases, we highlight one new opinion, briefing in five cases, and a recent oral argument.

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En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include two new petitions, a response to a petition, and an amicus brief in support of a petition.

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