FedCircuitBlog

Here is an update on recent en banc activity at the Federal Circuit in patent cases. As for the only pending en banc case, addressing design patent law’s non-obviousness requirement, three amicus curiae briefs were filed in support of appellants, and three amicus curiae briefs were filed in support of neither party. As for petitions, highlights include a new petition presenting a question related to inducement of infringement and two denials in other patent cases. 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:

• an article providing a midyear report on “the most notable trademark decisions so far this year”;
• an article about the effects of a recent precedential Federal Circuit opinion in a trademark case dealing with tacking;
• a blog post summarizing takeaways from a recent precedential Federal Circuit opinion in a patent case addressing enablement, written description, and anticipation; and
• a blog post discussing the America Invents Act of 2011 and how it has allegedly given the Chinese government “a lethal tool for snuffing out the business interests of competitive American firms.”

This morning, the Federal Circuit released two opinions: a precedential opinion in a patent case addressing infringement and anticipation and a nonprecedential opinion in a pro se vaccine case we have been tracking because it attracted an amicus brief. Late last Friday, the court also released a nonprecedential order dismissing an appeal. Here are the introductions to the opinions and a link to the dismissal.

Late Friday, the Federal Circuit released a nonprecedential order dismissing an appeal. This morning the Federal Circuit released three Rule 36 judgments, each involving the same parties. Here are the links to the order and Rule 36 judgments.