FedCircuitBlog

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today we highlight:

• an article analyzing the “possible outcomes . . . and the downstream impact of the Supreme Court decision” in President Trump’s tariffs case;
• a commentary discussing how the Supreme Court’s intervention in the “skinny label” patent case “has drawn immediate attention from pharmaceutical companies and their counsel”;
• a blog post arguing “it is time for the Supreme Court to step in and provide a definition and workable test for the abstract-ideas exclusion”; and
• an article addressing whether “the U.S. patent system has shown measurable signs of becoming more favorable to patent owners, particularly in the context of post-grant proceedings such as inter partes review . . . and post-grant review.”

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today we highlight:

• an article highlighting White House National Economic Council Director Kevin Hassett’s comment that “the White House has a ‘backup plan that’s really solid,’ . . . saying Trump would immediately impose tariffs of 10% ‘to make up most of the room’ from the IEEPA tariffs being struck down”;
• a blog post discussing how a “group of conservative leaders . . . sent a letter” to the Trump Administration “strongly supporting the U.S. Patent and Trademark Office’s . . . Notice of Proposed Rulemaking . . . issued in October”; and
• an article examining how AI-assisted inventions, particularly in biologics innovation, “raise fundamental questions about how those inventions are disclosed and claimed in patent applications”;
• an article reporting how “USAA wants the U.S. Supreme Court to review a ruling” by the Federal Circuit “that set aside two jury awards totaling almost $223 million in patent-infringement cases.”

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. Since our last update, the Supreme Court granted a petition to review the Federal Circuit’s decision in a patent case addressing so-called skinny labeling and inducement of patent Infringement. A new petition was filed in a patent case addressing eligibility. Waivers of the right to respond to petitions were filed in the same case addressing eligibility and another patent case addressing appellate procedure. And, finally, an amicus brief was filed in veterans disability benefits case. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit. Since our last update, the Federal Circuit received two letters in the court’s pending en banc case involving President Trump. In addition, two petitions for en banc review were filed in patent cases raising questions related to Rule 52 evidentiary trials and patent eligibility, and the court denied a petition in another patent case raising questions related to invalidity. Here are the details.

This morning, the Federal Circuit released three opinions in patent cases appealed from the Eastern District of Texas. Two were precedential and one was nonprecedential. The precedential opinions address subject matter jurisdiction in a declaratory judgment action and patent eligibility, respectively. The nonprecedential opinion addresses patent eligibility. Notably, all three opinions address patents asserted by United Services Automobile Association, and the two opinions addressing eligibility invalidate the asserted patents. Here are the introductions to the opinions.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Since our last update, the court issued an en banc opinion in a patent case. Additionally, two new en banc petitions were filed. The first raises claim construction questions and the second was filed pro se. The Federal Circuit also invited a response to a petition raising a question related to collateral estoppel, and a new response was filed in opposition to an en banc brief. One amicus brief was also filed with the Federal Circuit. Lastly, the court recently denied five petitions for en banc rehearing. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit. As for granted petitions, a response brief was filed in a pending en banc case raising questions regarding how to establish standing to allege a violation of a statute or regulation in connection with the procurement of a government contract. As for pending petitions, a new petition has been filed in a patent case; a response has been filed to a petition raising multiple questions regarding patent ownership and a district court’s authority to prohibit parties from sharing part of a claim construction with a jury; and an amicus brief has been filed in support of a petition raising a question concerning whether an abandoned patent application that becomes publicly available only after a challenged patent’s critical date is a printed publication that can form the basis for an inter partes review proceeding. Here are the details.

Late yesterday, the Federal Circuit released two nonprecedential orders, each dismissing an appeal. This morning, the Federal Circuit released one precedential opinion, three nonprecedential opinions, two summary affirmances, and two nonprecedential orders. The lone precedential opinions comes in a patent case on appeal from the International Trade Commission. Of the nonprecedential opinions, two come in a patent cases, while one comes in an appeal from the Merit Systems Protection Board. Both nonprecedential orders dismiss appeals. Here are the introductions to the opinions and links to the summary affirmances and dismissals.

This morning, the Federal Circuit released two precedential opinions, three nonprecedential opinions, and five nonprecedential orders. Of the precedential opinions, both come in patent cases on appeal from the Patent Trial and Appeal Board. Of the nonprecedential opinions, one comes in an appeal from the Merit Systems Protection Board, one comes in an appeal from the Patent Trial and Appeal Board, and the third comes in a takings case on appeal from the Court of Federal Claims. Of the nonprecedential orders, two deny petitions and the other three dismiss appeals. Here are the introductions to the opinions and first two orders and links to the dismissals.

This morning the Federal Circuit released two nonprecedential opinions and one nonprecedential order. Both nonprecedential opinions came in patent cases on appeal from the Patent Trial and Appeal Board. The lone nonprecedential order dismissed a case. Here are the introductions to the opinions and a link to the dismissal.