An important case being argued next week is Network-1 Technologies, Inc. v. Hewlett-Packard Company. This case involves an appeal and a cross appeal. While the appeal presents run-of-the-mill claim construction disputes, the cross-appeal presents the question of whether the district court erred in concluding that HP was estopped from presenting an obviousness challenge because HP could have but did not raise that challenge during a prior inter partes review. This is an important question, because its resolution requires interpretation of 35 U.S.C. § 315(e)(2), which bars any assertion “that the claim is invalid on any ground that the petitioner raised or reasonably could have raised during that inter partes review.”
One type of case we track here at Fed Circuit Blog is any patent case pending before a panel where an amicus brief has been filed. Besides identifying these cases, aggregating related data (e.g., briefs, oral argument recordings, orders, and opinions), and making this data available using our “Other Cases” page, once a month we plan to provide a blog post summarizing recent activity in these cases. Today we do that with respect to eight such patent cases. Of these cases, three concern the non-obviousness requirement; two include jurisdictional questions; one pertains to infringement; one discusses F/RAND commitments; and one raises the issue of patent eligibility.
Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report covers an article discussing a $175 million settlement between ON Semiconductor and Power Integrations, a comment on an amicus brief in support of the University of Minnesota’s petition for certiorari, and a discussion of a recent supplemental brief filed by Google supporting its own petition for certiorari and responding to the Solicitor General’s brief recommending the Supreme Court deny review in its case.
Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report covers a comment on a Federal Circuit decision regarding standing for cross-appeals of adverse decisions in inter partes review proceedings, an article on the Federal Circuit’s ruling that recovery of salary costs associated with lobbying activities are unallowable in government contracts cases, and a notice from the USPTO of an update to the 2019 Revised Patent Subject Matter Eligibility Guidance.