News

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:

  • a first article concerning “the importance of adhering to local rules on initial disclosures in Delaware” after the Federal Circuit affirmed the dismissal of a patent case;
  • a second article about Apple potentially escaping a $576 million judgment against it in a patent case; and
  • a third article discussing the Federal Circuit’s reopening to the public yesterday.
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Opinions

Opinions & Orders – April 4, 2022

This morning the Federal Circuit released a precedential opinion in a patent case appealed from the District of Massachusetts. The opinion vacates and remands based on the finding of an incorrect claim construction ruling by the district court. The Federal Circuit also released two nonprecedential orders. The first order deconsolidates cases appealed from the Patent Trial and Appeal Board, dismisses some of the cases, and informs the parties how they are to proceed on the remainder of the cases. The second order summarily affirms a dismissal by the Court of Federal Claims of a case for failure to pay the docketing fee. Here are the introductions to the opinion and orders.

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News

Recent News on the Federal Circuit

VirnetX Attacks Apple’s PTAB Win At Fed. Circ. – Andrew Karpan reported for Law360 on VirnetX’s attempt to overturn a Patent Trial and Appeal Board ruling that if affirmed would undermine its $576 million patent infringement judgment against Apple.

Marathon, Others Defend Patent Case Fee Award at Federal Circuit – In her article on Bloomberg.com, Perry Cooper discusses a three judge panel of the Federal Circuit who “listened to arguments about a $5 million attorneys’ fee award in a fracking patent case.”

Last Week in the Federal Circuit (June 1-4): Prosecution Disclaimer – What’s Good for the Goose… – In this post on FederalCircuitry, Rachel Rice picked opinions released by the Federal Circuit that have “piqued [her] interest” to discuss.

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News

Recent News on the Federal Circuit

Here’s the latest.

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En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include new petitions filed in five cases raising questions related to claim construction, the Appointments Clause, and obviousness; an invitation for a response in one case raising questions related to inequitable conduct and obviousness; the denial of four petitions raising questions related to the Appointments Clause, venue, damages, and claim construction; and the withdrawal of one petition raising questions related to the Administrative Procedure Act. Here are the details.

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Featured / Opinions

Breaking News – Federal Circuit Indicates Administrative Patent Judges Unconstitutionally Appointed Beyond Context of Inter Partes Review Proceedings

As we reported earlier today, a Federal Circuit panel this morning issued a precedential order in VirnetX Inc. v. Cisco Systems, Inc. The order is important. It highlights the potential reach of the Federal Circuit’s decision earlier this year in Arthrex, Inc. v. Smith & Nephew, Inc. Indeed, it suggests that Administrative Patent Judges are unconstitutionally appointed with respect to every aspect of their work: not just inter partes reviews, and not just inter partes reexaminations, but also everything else, including ex parte reexaminations, covered business method review, and ex parte appeals.

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Opinions

Today’s Opinions – May 13, 2020

This morning the Federal Circuit issued a precedential opinion in a patent case and a nonprecedential order unsealing it; two precedential orders in a patent case denying panel and en banc rehearing respectively; and nonprecedential opinions in a veterans case, two patent cases, and a tax case. Here are the introductions to the opinions and text from the orders.

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News

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 comments on the Federal Circuit’s refusal to extend deference to decisions by the USPTO’s Precedential Opinion Panel, a note on a petition for en banc rehearing related to venue, an article about Apple’s transfer of $454 million to pay a judgment for patent infringement, and a summary of courts’ steps to prevent transmission of the novel coronavirus.

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News

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 the Supreme Court’s rejection of Apple’s petition for certiorari in one of its cases against VirnetX, a comment on the Federal Circuit’s treatment of “consisting essentially of” language in patent claims, and an article discussing the Federal Circuit’s rejection of an en banc petition in a case vacated in light of Arthrex.

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Petitions / Supreme Court Activity

Recent Supreme Court Activity

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. There is no news to report on granted cases and no new petitions were filed. However, four new reply briefs in support of petitions were filed, and the Supreme Court did deny four previously-filed petitions. Here are the details.

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