FedCircuitBlog

This morning the Federal Circuit issued five nonprecedential opinions: two in patent cases, one in a vaccine case, one in a veterans case, and one in a case appealed from the Merit Systems Protection Board. Additionally, the Federal Circuit issued three Rule 36 judgments. Here are the introductions to the opinions and a list of the Rule 36 judgments.

• Three lessons from the Federal Circuit’s recent 101 reversal in XY v Trans Ova Genetics – Partner John O’Quinn and Associate Hannah Bedard from Kirkland & Ellis delve into the key aspects and lessons to take away from the Federal Circuit’s recent precedential decision in XY v. Trans Ova Genetics.
• Court of Appeals Upholds Mighty Mug’s Trade Victory Against Patent-Infringing Chinese Imports – Mighty Mug, represented by Goetz Fitzpatrick, secured a victory in a fight against infringers who have been flooding the market with cheap knockoffs to Mighty Mug’s popular drinkware line.
• Apple v. Prepear: Does Apple Really Need All the Fruit? – The large tech company, Apple, claims that an image of a pear used in connection with a meal preparation app called Prepear is likely to cause consumer confusion and threatens to dilute the quality of its famous and distinctive mark. Nicole Page of IP Watchdog provides an inside glimpse into Apple’s newest opponent in its “battle for brand supremacy.”

Here’s the latest.

• Federal Circuit Extends Pandemic-Related Courthouse Closure – Restrictions on public access to the courthouse have been extended due to the pandemic, limiting entry to staff only until September 14.
• Federal Circuit reverses district court finding of patent ineligibility for sex selection technology patents – In XY, LLC v. Trans Ova Genetics, LC, the court found that the asserted claims were directed toward a patent-eligible improvement of a method for sorting particles, rather than an abstract idea.
• “Untethered” Obviousness Determination Reversed – the Federal Circuit vacated and remanded a PTAB finding of unpatentability because the board did not adequately support its reasoning in Alacritech, Inc. v. Intel Corp.

Here’s the latest.

This morning the Federal Circuit issued seven precedential opinions and orders in patent cases, along with one related nonprecedential opinion. These include the opinions and orders in the closely watched case of American Axle & Manufacturing v. NEAPCO Holdings LLC, which concerns the application of patent eligibility law. Notably, in that case the court vacated the prior panel opinion, issued a new panel opinion, and denied en banc rehearing by an evenly divided court. Here are the introductions to today’s opinions and text from today’s orders.