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 explaining how “Zaxcom has petitioned the court for rehearing en banc, arguing that the CAFC’s precedent . . . ‘confused the law’ regarding a rebuttable presumption of nexus”;
  • another article discussing how “[a] split US Court of Appeals for the Federal Circuit has affirmed a lower court decision that US chemical company BASF is able to be sued” for alleged infringement; and
  • a blog post discussing how, “[i]n a new petition for writ of certiorari, Cisco asks for guidance on whether enhanced damages under Section 284 require ‘egregious infringement behavior’ or instead is it enough to find ‘deliberate or intentional infringement.’”
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Opinions & Orders – February 4, 2022

This morning the Federal Circuit released three precedential opinions in patent cases and one nonprecedential opinion in a trademark case. In the first precedential opinion, the court affirmed invalidity decisions of the Patent Trial and Appeal Board in inter partes review proceedings. In the second precedential opinion, the court affirmed-in-part, reversed-in-part, vacated-in-part, and remanded the latest appeals involving Apple and Wi-LAN. In the third precedential opinion, the court affirmed-in-part, vacated-in-part, and remanded an appeal in a case pitting the California Institute of Technology against Broadcom Ltd. Notably, Judge Dyk concurred-in-part and dissented-in-part from the majority’s holding. Finally, in the court’s nonprecedential opinion it affirmed the cancelation of a trademark registration. Notably, Judge Cunningham authored the nonprecedential opinion, her first for the court. Here are the introductions to the opinions.

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