Fish Post-Grant Radio: Episode #13: Rick Bisenius
Fallout from the Fintiv Precedential Decision
JONES DAY TALKS®: Appointments of PTAB Judges Ruled Unconstitutional ... What Now?
Fall colors are on full display in DC. But leaf peeping can’t keep us from following the latest news at the Federal Circuit. Below we provide our usual weekly statistics and our case of the week—our highly subjective...more
The Federal Circuit returned to a full week of in-person arguments last week. But that didn’t keep it from issuing a range of decisions in patent and non-patent cases. Below we provide our usual weekly statistics and our...more
If last week’s post on prosecution disclaimer left you hoping for more decisions about the patent application process, you're in luck. This week we're covering another case about patent prosecution and the somewhat rare...more
The Federal Circuit had a busy week, issuing 18 opinions—8 of them precedential. One of those cases put a new spin on two PTAB-related issues we’ve covered extensively on this blog: Arthrex (which held PTAB judges were...more
Last week was Court week, so it was busy in the Federal Circuit with telephonic oral arguments. Despite all the activity, the Court still issued a dozen opinions, including two precedential ones. For our case of the week, we...more
As many of you probably saw, Chief Judge Prost’s tenure as Chief Judge of the Federal Circuit is coming to a close, with Judge Moore set to become the new Chief Judge on May 22. But the upcoming transition doesn’t seem to...more
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...more
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...more
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...more
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...more
Since yesterday was the Super Bowl, we assume that all of our readers spent today as we did, thinking about the Federal Circuit's recent decision in M&K Holdings about a video compression patent. If not, we've got you...more
These charts and graphs appear in the firm's Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2020 Decisions report... Appeals from the USPTO dipped in FY20, reaching their lowest level since FY15. After four...more
Now that the new year has started, we’re seeing an uptick in precedential opinions. This week we decided to turn back to patent appeals, taking a look at IPRs and Article III—always a fun topic. Below we provide our usual...more
Last week, we got what may be the last big batch of Federal Circuit opinions of 2020. (In 2019, only six more opinions issued between this time and the end of the year.) Although most of last week’s decisions were issued...more
This week we talk about the most important standing decision decided by any court last week. Ok, perhaps, it was the second most important standing decision. Last week’s case addresses who may sue, and when they must sue...more
Last week, the Federal Circuit was relatively busy, issuing five precedential opinions and three other written decisions. Below we provide our usual weekly statistics and our case of the week—our highly subjective selection...more
Last week was argument week at the Federal Circuit, which as usual meant the Court issued several Rule 36 affirmances and short non-precedential decisions. But tucked in between those was at least one case—a Hatch-Waxman...more
Rule 36 is a single sentence affirmance. Yet to explain the impact of a Rule 36 decision on later filed cases, the Court needed to issue a 7-page precedential decision. In Virnetx v Apple the Court held Rule 36 creates...more