Last Week In The Federal Circuit (October 17 – October 21): Mapping The Section 101 Landscape
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- As we’ve noted , the Supreme Court is once again considering whether to take up patent eligibility: it recently CVSGed two more Section 101 cases. While we wait for the government’s views, the Federal Circuit will continue resolving Section 101 disputes, likely including some close cases resulting in... ›
Last Week In The Federal Circuit (October 10 – October 14): Intrigue, Espionage, Judicial Review, and Administrative Law
By: Brian R. MatsuiThe Supreme Court term has started, and the Court once again seems to be dipping its toes in the water with more CVSGs in 101 cases. Maybe this time the Court will take the plunge. For our case of the week—our highly subjective selection based on... ›
Last Week In The Federal Circuit (October 3 – October 7): Genus/Species Meets Inherent Anticipation
By: Seth W. LloydUnlike obviousness, the test for anticipation in patent law is generally pretty simple—does the prior art disclose the same thing as the challenged patent claims. But as our latest case of the week shows, that simple test can sometimes involve subtle, and more complicated, issues.... ›
Another Term, Another Section 101 CVSG
By: Samuel Benjamin GoldsteinLast week marked the start of the Supreme Court’s October 2022 Term. That meant another “long conference” order list acting on most of the petitions that had accumulated over the summer. The Court did not grant any new cases from the Federal Circuit. But it called for... ›
Sawing Through Patent Term—the Federal Circuit’s Recent Decision In Sawstop
By: Mehran Arjomand and Meghan McLean PoonPatent Term Adjustment (PTA) is additional patent term for U.S. patents to compensate for delay in issuance. The statute (35 U.S.C. § 154(b)) provides three bases for PTA: delayed response by the USPTO (“A delay”), failure to issue a patent within three years (“B delay”),... ›
Last Week In The Federal Circuit (September 6 – September 9): Repeating Litigation, Again
By: Seth W. LloydUsually in American courts, parties get one chance to litigate a single legal claim. Courts enforce that principle in a variety of ways – at the back end, through rules like claim and issue preclusion; and at the front end, through rules like the duplicative-litigation... ›
How Often Do Federal Circuit Judges Sit 2022?
By: Seth W. LloydEarly last year we took a look at how often Federal Circuit judges sit (see blog post ). A lot has happened since then, including two new judges joining the court. Below is an updated chart showing data through the August 2022 sitting: As a reminder,... ›
Last Week In The Federal Circuit (August 29 – September 2): Capability Claims in the Modern Era
By: Samuel Benjamin GoldsteinHave you ever wondered what it means when your smartphone or tablet connects to an “LTE” network? Our case of the week dives into that technology—and offers an interesting discussion of functional claim limitations and standard-essential patents. Case of the week: INVT SPE LLC v.... ›
Is It Ever Too Late To Be Rule 36’d?
By: Brian R. MatsuiThose that regularly practice before the Court know about Rule 36s. We’ve written about them before. It’s a one-line per curiam decision that generally comes a few days after oral argument: AFFIRMED. See Fed. Cir. R. 36. This post isn’t going to say anything about the... ›
Last Week In The Federal Circuit (August 22 – August 26): To Appeal Or Not To Appeal, That Is The Question
By: Seth W. LloydIf you don’t appeal an issue from an adverse judgment, are you going to be bound by the decision on that issue in future cases? This can often be an important question to consider when deciding whether and what issues to appeal. But sometimes, the chance... ›