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 highlighting how the Federal Circuit judges investigating Judge Newman’s fitness asked “a Washington, D.C. federal court late on Friday to dismiss Newman’s lawsuit challenging the unusual probe”;
  • an article discussing the argument by the special committee investigating Judge Newman that “the internal actions of the three-judge special committee of the U.S. Court of Appeals for the Federal Circuit aren’t subject to judicial review”;
  • an analysis of pending legislation entitled the Patent Eligibility Restoration Act, which according to former Federal Circuit Chief Judge Paul Michel “would overturn Supreme Court and Federal Circuit decisions that scrambled settled law, excluding many worthy classes of inventions, such as medical diagnostic methods and advanced computer applications”; and
  • a blog post taking the position “that gen-AI tools will face high patent eligibility obstacles absent inclusion of strong technical implementation details placed at least within the specification, but more likely within the claims themselves.”
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Opinions & Orders – August 30, 2023

This morning, the Federal Circuit released three nonprecedential opinions and one nonprecedential order. One opinion addresses an argument that the Patent Trial and Appeal Board adopted erroneous constructions of claim terms. Another opinion addresses an appeal from a summary judgment holding claims invalid for lack of eligibility. The final opinion, also from a patent case, addresses the enforceability of an arbitration agreement and a finding of indefiniteness. The nonprecedential order grants a voluntary dismissal. Here are the introductions to the opinions and a link to the dismissal.

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