FedCircuitBlog

This month, the Federal Circuit issued its opinion in Uniloc USA, Inc. v. Motorola Mobility LLC, a patent case we have been following because it attracted an amicus brief. In this case, Uniloc sued Motorola for infringement of a patent that discloses pairing a telephone with another device and using the other device to make a call. The district court, however, denied Uniloc’s claim, finding that Uniloc did not hold all exclusionary rights to the patent in question for purposes of satisfying the requirement of standing. Uniloc appealed. In an opinion authored by Judge Dyk and joined by Judges Lourie and Hughes, the Federal Circuit affirmed the district court’s ruling. This is our opinion summary.

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 new cases, one with an upcoming oral argument. Additionally, we highlight an opinion in a patent case, a patent case with a new brief, and argument recaps for three cases that were heard in October. Here are the details.

This morning the Federal Circuit released two precedential opinions. The first opinion comes in a patent case appealed from the District of Delaware. In this opinion, the Federal Circuit affirms the district court’s determination that a party lacks standing as a matter of collateral estoppel and concludes that the same party has standing in a companion case. Notably, Jude Lourie expressed additional views on the matter. The second opinion comes in another patent case, this one appealed from the Northern District of California. In this opinion, the Federal Circuit explains why it reverses the district court’s determination that a party does not have standing and remands the case. This morning the Federal Circuit also released three nonprecedential opinions. Two come in cases appealed from the Merit Systems Protection Board, and one comes in a veterans case appealed from the Court of Appeals for Veterans Claims. Here are the introductions to the opinions.  

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.

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.

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.

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.

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.

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.

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.