Last week, the Court did not have many precedential decisions as Washington, D.C., COVID-19 or not, was in its usual August slowdown. Unlike the previous two weeks where we touched upon non-patent issues, we return (kind of,...more
8/25/2020
/ Administrative Procedure Act ,
Adverse Action ,
America Invents Act ,
Appellate Courts ,
Constitutional Challenges ,
Exclusive Jurisdiction ,
Final Written Decisions ,
Inter Partes Review (IPR) Proceeding ,
Judicial Review ,
Litigation Strategies ,
Patent Ownership ,
Patent Trial and Appeal Board ,
Precedential Opinion ,
Reaffirmation ,
Set-Asides
Last week was apparently CFC week at the Federal Circuit, with several precedential decisions in government contracts and Tucker Act cases. Below we give our usual week’s statistics and case of the week—our highly subjective...more
8/18/2020
/ Appeals ,
Appellate Courts ,
Bid Solicitation ,
Boeing ,
Court of Federal Claims ,
Department of Defense (DOD) ,
Exactions ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Reversal ,
Tucker Act ,
Waivers
As we mentioned in one of our previous posts, the Federal Circuit recently denied a long-pending petition for rehearing en banc in American Axle & Manufacturing v. Neapco Holdings, a Section 101 case. More than 8 months...more
So now that the Federal Circuit has wrapped up its fifth oral argument sitting by telephone, I thought it could be a good time to look again at what factors affect whether the Court holds a telephonic hearing or submits a...more
It was a moderately eventful week at the Federal Circuit as the judges geared up for their August argument session and perhaps returned from their summer vacations. The Court issued 13 opinions and 2 orders on petitions for a...more
8/6/2020
/ Administrative Procedure Act ,
Appeals ,
Burden of Proof ,
Inter Partes Review (IPR) Proceeding ,
Patent Invalidity ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Standard of Review
With the start of the Federal Circuit’s July oral arguments, we thought it made sense to look back at the Court’s first three months of telephonic hearings (April, May, and June). What do those sittings show about how the...more
Brian Matsui, Seth Lloyd, and Samuel Goldstein authored an article for Law360 covering how the U.S. Court of Appeals for the Federal Circuit has streamlined its docket and moved oral arguments from the courtroom to conference...more
As courts across the country grapple with the COVID-19 pandemic, the Federal Circuit has streamlined its docket and moved oral arguments from the courtroom to conference calling. Early indications suggest that is changing how...more
While the rest of us wait on the Federal Circuit’s decision on the rehearing petitions in Arthrex, Inc. v. Smith & Nephew, Inc., there are signs that the Federal Circuit judges themselves may already have moved on.
In...more
3/23/2020
/ Administrative Patent Judges ,
Appointments Clause ,
Constitutional Challenges ,
Director of the USPTO ,
Judicial Appointments ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Pending Litigation ,
Presidential Appointments ,
Removal At-Will
After the biggest challenge yet to the Patent and Trademark Office’s popular inter partes review proceedings, the name of the game is largely “same old” for today’s Supreme Court decision in Oil States Energy Services, LLC v....more