Federal Circuitry

April 19, 2021 - Last Week in the Federal Circuit
Last Week in the Federal Circuit (April 12-16): Self-Enabling Prior Art
By: Stephen Liu
It was a busy week for the Federal Circuit, with a total of 18 new opinions, including a precedential opinion on enablement in the context of § 103 obviousness references. Below we provide our usual weekly statistics and our case of the week—our highly
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April 13, 2021 - Last Week in the Federal Circuit
Last Week in the Federal Circuit (April 5-9): Failure to Authenticate Third-Party Source Code
Last week was argument week, which sometimes means lots of Rule 36 affirmances and not a lot of precedential opinions. Still, that didn’t stop the Court from issuing an interesting, and relatively rare, precedential decision on evidence admissibility. Below we provide our usual weekly
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April 05, 2021 - Last Week in the Federal Circuit
Last Week in the Federal Circuit (March 29-April 2): A POSA By Any Other Name …
In a slow week, the Federal Circuit nevertheless gave patent litigators everywhere a non-precedential opinion to nibble on about the definition of the ever-present person having ordinary skill in the art. Below we provide our usual weekly statistics and our case of the week—our
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March 29, 2021 - Last Week in the Federal Circuit
Last Week in the Federal Circuit (March 22-26): Improving A Technological Process Or Merely Enhancing An Ineligible Concept
By: Seth W. Lloyd
Spring seems to have arrived in DC, and cherry blossom trees are starting to bloom all over the region. But the beautiful weather this weekend didn’t stop us from our weekly review of all things Federal Circuit. Below we provide our usual weekly statistics
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March 22, 2021 - Last Week in the Federal Circuit
Last Week in the Federal Circuit (March 15-19): Compensation Conflict
The Federal Circuit followed last week’s busy week with a slower one, issuing ten total decisions. In one of its two precedential opinions, the Court took on a circuit split over overtime compensation. Below we provide our usual weekly statistics and our case of
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March 16, 2021 - Last Week in the Federal Circuit
Last Week in the Federal Circuit (March 8-12): The NeverEnding Story of the AIA’s No-Appeal Bar
By: Seth W. Lloyd
Wow—it was a busy week at the Court last week. Lots of opinions, and lots of precedential ones. There were lots of good choices out there, so we sort of threw a dart at a board to see which one to write about. In
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March 08, 2021 - Last Week in the Federal Circuit
Last Week in the Federal Circuit (March 1-5): Purely Functional Claiming And Means-Plus-Function Elements
By: Seth W. Lloyd
Last week was argument week, and the Federal Circuit previewed its new YouTube channel for streaming live arguments (sadly, audio only for now). Still, that didn’t slow the Federal Circuit down in issuing opinions, including six precedential ones. Below we provide our usual weekly
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March 01, 2021 - Last Week in the Federal Circuit
Last Week in the Federal Circuit (February 22-26): Who Needs Cross Examination? Issue Preclusion Before the PTAB
By: Brian R. Matsui
All eyes are on Arthrex this week, right? So of course we decided to take a look at a Court decision reviewing the Board, and one that—so says the dissent—creates a circuit split. Below we provide our usual weekly statistics and our case of
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February 22, 2021 - Last Week in the Federal Circuit
Last Week in the Federal Circuit (February 15-19): Equitable Intervening Rights
The Federal Circuit had a slow week, issuing only 8 decisions (just 3 of them precedential). But among those was an interesting case with a question of first impression about the doctrine of equitable intervening rights. Below we provide our usual weekly statistics and
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February 16, 2021 - Last Week in the Federal Circuit
Last Week in the Federal Circuit (February 8-12): Patent Term Adjustments When Examiners Back Down
Did you remember to send your favorite examiner a Valentine’s Day card? Okay, so maybe that’s not the typical applicant/examiner relationship. But this week we do look at some potential consequences from the back and forth between examiners and applicants. Below we provide our
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Topic Archives: Last Week in the Federal Circuit

Last Week in the Federal Circuit (April 12-16): Self-Enabling Prior Art

By: Stephen Liu

Last Week in the Federal Circuit (April 5-9): Failure to Authenticate Third-Party Source Code

Last Week in the Federal Circuit (March 29-April 2): A POSA By Any Other Name …

Last Week in the Federal Circuit (March 22-26): Improving A Technological Process Or Merely Enhancing An Ineligible Concept

By: Seth W. Lloyd

Last Week in the Federal Circuit (March 15-19): Compensation Conflict

Last Week in the Federal Circuit (March 8-12): The NeverEnding Story of the AIA’s No-Appeal Bar

By: Seth W. Lloyd

Last Week in the Federal Circuit (March 1-5): Purely Functional Claiming And Means-Plus-Function Elements

By: Seth W. Lloyd

Last Week in the Federal Circuit (February 22-26): Who Needs Cross Examination? Issue Preclusion Before the PTAB

By: Brian R. Matsui

Last Week in the Federal Circuit (February 15-19): Equitable Intervening Rights

Last Week in the Federal Circuit (February 8-12): Patent Term Adjustments When Examiners Back Down