Panel Activity

Update on Important Panel Activity

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 a new patent case concerning whether the institution process used by the Patent Trial and Appeal Board comports with due process, an argument recap in a patent case addressing standing, and an opinion in a veterans case relating to class certification. Here are the details.

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Argument Recap

Argument Recap – Uniloc USA, Inc. v. Motorola Mobility LLC

Last week, the Federal Circuit heard oral argument in Uniloc USA, Inc. v. Motorola Mobility LLC, a patent case we have been tracking because it attracted an amicus brief. In this case, Uniloc appeals a district court’s decision to dismiss its patent infringement action. In particular, Uniloc challenges the district court’s ruling that a license precluded Article III standing because the patent holder no longer held all of the patent’s exclusionary rights. This is our argument recap.

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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:

  • an article reporting how the Federal Circuit concluded that the Patent Trial and Appeal Board “did not improperly place the burden of persuasion for proving unpatentability of proposed substitute claims . . . on [the patent owner].”
  • another article highlighting an upcoming Federal Circuit argument concerning constitutional standing; and
  • a blog post discussing “the scope of ‘comparison prior art’ available for the ordinary observer infringement analysis” in design patent cases.
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Court Week

Court Week – What You Need to Know

This week is Court Week at the Federal Circuit, with hearings starting today. The Federal Circuit is providing access to live audio of each panel scheduled for argument via the Federal Circuit’s YouTube channel. In total, the court will convene four panels to consider about 25 cases. Of these 25 cases, the court will hear oral arguments in 15. Of these argued cases, one case attracted an amicus brief. Here’s what you need to know about that case.

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Argument Preview

Argument Preview – Uniloc USA, Inc. v. Motorola Mobility LLC

Only one case being argued next week at the Federal Circuit attracted an amicus brief. That case is Uniloc USA, Inc. v. Motorola Mobility LLC, which concerns Article III’s constitutional standing requirement in the context patent ownership. Specifically, in this case the Federal Circuit will review a district court’s determination that Uniloc USA, Inc. did not hold all exclusionary rights to the asserted patent for purposes of satisfying Article III’s standing requirement. This is our argument preview.

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Panel Activity

Update on Important Panel Activity

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 a disposition in a veterans case, a brief filed by the government in a patent case raising a question related to the Appointments Clause, and an upcoming argument in another patent case raising questions related to standing. Here are the details.

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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. The court received three new petitions raising questions related to ­­means-plus-function limitations and transfers. The court also denied five petitions for rehearing raising issues including the standard for granting a motion to seal court records, choice of law, estoppel arising from inter partes review, and claim construction. Here are the details.

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Panel Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received four new responses to petitions raising questions related to choice of law, forum selection clauses, and injunctive relief; the process and standard for determining indefiniteness; and the standard for granting a motion to seal court records. The court also denied two petitions raising questions related to the on sale bar and claim construction. Here are the details.

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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. The court received a response to a petition raising a question related to the motivation to combine prior art references in an obviousness analysis. The court also invited a response to a petition that raising questions related to the standard for granting a motion to seal court records. The court received an amicus brief in support of a petition raising a question related to the presumption of nexus in an obviousness analysis. Finally, the court received a reply in support of a petition raising questions related to the Appointments Clause. Here are the details.

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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. The court received a new petition raising questions related to the process and standard for determining indefiniteness. The court also received an amicus brief in support of a petition raising questions related to the standard for granting a motion to seal court records. Finally, the court received a reply in support of a motion to expedite issuance of the mandate in a case raising questions related to choice of law, forum selection clauses, and injunctive relief. Here are the details.

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