Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. Of the six pending merits cases, there was not much activity, with the exception of one case where multiple amicus briefs were filed. Two new petitions were also filed—one in a patent case, and one in a government contract case—as well as two responses in opposition to petitions and two amicus briefs in favor of petitions.
Another interesting case being argued next week is Cardionet, LLC v. InfoBionic, Inc. This case presents the question of whether an improved cardiac monitoring device is ineligible for patenting under 35 U.S.C. § 101, and also whether early dismissal of the case based on the finding of ineligibility was appropriate under Federal Rule of Civil Procedure 12(b)(6).
Another case being argued next week involves X2Y Attenuators, LLC and Intel Corporation. This case presents the question of whether district court abused its discretion by dismissing two stayed cases for failure to prosecute.
Here is a report on recent news and commentary related to the Federal Circuit and its cases, including a note regarding the extent of the court’s review of executive authority over international affairs, a discussion of a “disturbing trend” at the court in patent cases, and a comment on a recent amicus brief arguing the court’s precedent in the area of patent damages raises “serious policy concerns.”
One case we are following that is being argued next week is In re FCA US LLC. This case presents the question of whether the Trademark Trial and Appeal Board erred in holding a mark was likely to cause confusion given that in a separate proceeding a district court determined confusion was unlikely.
Periodically Fed Circuit Blog will provide an update on important cases pending before panels at the Federal Circuit, particularly cases with amicus briefs. Today we highlight TCL Communication Technology Holdings Ltd. v. Telefonaktiebolaget LM Ericsson. At least based on the number of amicus briefs filed in the case, it is one of the most watched cases pending at the court.