FedCircuitBlog

As we previously reported, last week in Facebook, Inc. v. Windy City Innovations, LLC the Federal Circuit granted panel rehearing, issued a modified panel opinion, and denied en banc rehearing. Facebook sought rehearing to challenge the panel’s decisions concerning joinder in inter partes review proceedings, as well as the broader question of whether the Federal Circuit owes deference to interpretations of statutory provisions made by the U.S. Patent and Trademark Office’s Precedential Opinions Panel. Here we summarize the modified panel opinion.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include a new petition raising a question related to claim construction; new invitations to respond to petitions raising questions related to novelty and non-obviousness; and the denial of two petitions raising questions related to design patent law and joinder in inter partes review proceedings. Here are the details.

This morning, the Federal Circuit issued a nonprecedential order granting panel rehearing to withdraw and replace a prior precedential opinion in Facebook, Inc. v. Windy City Innovations, LLC, a patent case addressing joinder of parties and claims in inter partes review proceedings. The court subsequently issued a modified precedential opinion in the case, along with a separate order denying en banc rehearing in the same case. The court also issued a nonprecedential opinion affirming the dismissal of another case for lack of jurisdiction. Here are the introductions to the opinions and the text of the orders.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include new petitions filed in three cases raising questions related to standing, obviousness, and eligibility; a new invitation for a response in a case raising questions related to obviousness; two new amicus briefs in cases raising questions related to claim construction, joinder, and deference to Precedential Opinion Panels; and the denial of seven petitions raising questions related to claim construction, eligibility, novelty, non-obviousness, and the Appointments Clause. Here are the details.

• USTPO Extends Patent and Trademark Deadlines – Due to COVID-19, the USPTO extends the time period to file patent and trademark related documents and provides waivers for certain fees.
• Patent Eligibility Turns on the Content and Not the Length of the Claim – The Federal Circuit emphasized, in Elec. Commc’n Techs., LLC v. ShoppersChoice.com, LLC, the importance of the content of a patent claim over its length in determining eligibility.
• Opinions Vary On Whether the USTPO May Make New Laws Without the Rule-making Process – The issue of whether the USPTO may properly make law using its procedural and POP process or whether the rules may only be made under the APA process is yet to be decided. 

Here’s the latest.

This morning the Federal Circuit issued five opinions and one order, all in patent cases. Two of the opinions are precedential, and three are nonprecedential. Here are the introductions to the opinions and the text of the order.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include new petitions filed in six cases raising questions relating to design patent claim construction, damages, claim construction, eligibility, inequitable conduct, non-obviousness, joinder, and deference to Precedential Opinion Panels; three requests for responses to petitions raising questions related to venue, eligibility, non-obviousness, and claim construction; and the denial of six petitions raising issues including the Appointments Clause, claim construction, prosecution history estoppel, and damages. Here are the details.

About once a month we provide an update on activity in patent cases pending before panels of the Federal Circuit where the cases involve at least one amicus brief. We keep track of these patent cases in the “Other Cases” section of our blog. There we also highlight non-patent cases that attract amicus briefs, but only once those cases have been scheduled for oral argument. Today, with respect to these cases we highlight three dispositions, four recent oral arguments, and one upcoming oral argument.

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights a discussion of the Federal Circuit’s treatment of Patent Trial and Appeal Board decisions, articles about two decisions by the Federal Circuit in pharmaceutical patent cases, and a comment on the upcoming use of telephonic oral arguments.

This morning the Federal Circuit issued one precedential opinion in a patent case. Notably, in a concurrence in that case, all three judges on the panel express their view that, were the relevant statute ambiguous, they “would find that no deference is due” to a prior opinion issued by the U.S. Patent and Trademark Office’s Precedential Opinion Panel. Here are the introductions to the majority and concurring opinions.