Today, the Federal Circuit released two opinions, one precedential and one nonprecedential, both in patent cases. The precedential opinion, which inspired six amici briefs, addresses obviousness-type double patenting. The nonprecedential opinion involves a consolidated appeal of two inter partes review decisions, which held all challenged claims invalid on grounds of obviousness. Here are the introductions to the opinions.
Opinions & Orders – August 24, 2023
Today, the Federal Circuit released a precedential opinion, a nonprecedential opinion, and a nonprecedential order. The precedential opinion comes in an appeal from the Patent Trial and Appeal Board, which held all claims of a patent unpatentable as obvious. The nonprecedential opinion similarly comes in an appeal from the Patent Trial and Appeal Board and addresses the patentability of claims. Finally, the nonprecedential order dismisses a petition for failure to submit an opening brief. Here are the introductions to the opinions and a link to the dismissal.
Opinions & Orders – August 18, 2023
Today, the Federal Circuit released a nonprecedential opinion in a patent case appealed from the Patent and Trademark Office. The opinion discusses why the court affirmed the invalidation of numerous claims of three patents for obviousness. The court also released a summary affirmance under Federal Circuit Rule 36 and a nonprecedential order dismissing an appeal. Here is the introduction to the opinion and links to the summary affirmance and dismissal.
Opinions & Orders — August 15, 2023
Today, the Federal Circuit released two nonprecedential opinions and three nonprecedential orders. The first opinion comes in a patent case appealed from the Patent Trial and Appeal Board and addresses obviousness. The second opinion comes in another patent case appealed from a district court and addresses several issues. Two of the orders dismiss appeals for failure to pay docketing fees and one dismisses for failure to file a brief within the permitted time. Here are the introductions to the opinions and links to the dismissals.
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 raising questions concerning actual reduction to practice and obviousness. The court also denied another petition raising a question related to obviousness. Here are the details.
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 and a blog post providing information on the recently released letter and order regarding the ongoing investigation into Judge Newman’s fitness to serve as a judge; and
- a blog post discussing whether obviousness is a question of law or fact.
Opinions & Orders – June 14, 2023
Late yesterday and this morning, the Federal Circuit released two opinions, one precedential and one nonprecedential, both in patent cases and both addressing obviousness. Additionally, the court released five nonprecedential orders, one transferring a case to another court, one summarily affirming a judgment, one granting a motion to remand a case, and two dismissing appeals. Additionally, the court released four summary affirmances and an erratum. Here are the introductions to the opinions and orders and links to the dismissals, summary affirmances, and the erratum.
Opinions & Orders – June 7, 2023
This morning, the Federal Circuit released a nonprecedential opinion in a patent case concerning obviousness. The court also released eight nonprecedential orders, which included a grant of a petition for a writ of mandamus to order the Western District of Texas to transfer a patent case, a grant of a motion to dismiss for lack of jurisdiction, four summary affirmances, and two dismissals. Here are the introductions to the opinion and orders and links to the summary affirmances and dismissals.
Recent En Banc Activity
Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include a new petition presenting a question related to the standard of review of obviousness determinations and a response brief addressing what constitutes a final judgment for purposes of appellate jurisdiction. Here are the details.
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 about a lawsuit filed by Judge Newman to halt the ongoing competency probe;
- another article going into greater detail about Judge Newman’s case;
- an article discussing the potential negative effects of the dispute with Judge Newman; and
- an article detailing a recent opinion by the Federal Circuit overruling the Patent Trial and Appeal Board.
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