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Volume 64, Issue 4

By The Honorable Jane A. Restani | 64 Am. U. L. Rev. 729

As the baby boom generation is replaced by the millennials as the largest age group in the United States, the federal court community is noticing the change in the composition of the federal judiciary.  Like my own court, where four of nine active judges have moved to senior status in the past few months and we have two recently appointed colleagues, the U.S. Court of Appeals for the Federal Circuit has welcomed three new jurists:  Judges Richard G. Taranto, Raymond T. Chen, and Todd M. Hughes.  Further, Judges Kathleen M. O’Malley, Jimmie V. Reyna, and Evan J. Wallach joined the Circuit in the recent past.

2014 Patent Law Decisions on Key Issues at the Federal Circuit

By Olivia T. Luk, Palash Basu, Ryan Dooley, Charles Green, Brian E. Haan, Gina Kim, & Kara L. Szpondowski | 64 Am. U. L. Rev. 735

In 2014, the U.S. Court of Appeals for the Federal Circuit (Federal Circuit) continued to wrestle with issues including standing, deference, laches, fee shifting, inducement, indefiniteness, claim construction, patentability, anticipation, and obviousness.  This article highlights the key cases that the Federal Circuit considered in 2014 in those areas, many of which were also considered or may be considered by the Supreme Court of the United States.

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The Federal Circuit's 2014 Government Contract Decisions

By Kyle R. Jefcoat | 64 Am. U. L. Rev. 807

The U.S. Court of Appeals for the Federal Circuit’s 2014 government contract decisions provide yet another opportunity to evaluate how the federal government, and the Federal Circuit in particular, has fulfilled the duty expressed by President Lincoln above.  The idea is “not that the government should lose every case appealed to the Federal Circuit, but that the government, when it waives its sovereign immunity, should be held to the same standards as its opponents.”

2014 International Trade Law Decisions of the Federal Circuit

By Jennifer S. Huber & Simon G. Courtman | 64 Am. U. L. Rev. 899

In 2014, the Federal Circuit issued thirty-six precedential opinions in the international trade-related cases it heard on appeal from the Trade Court and USITC.   Of those cases, the Federal Circuit affirmed twenty-seven cases, reversed or vacated seven cases, and issued two orders it considered of precedential value.

2014 Trademark Law Decisions of the Federal Circuit

By Jonathan M. Gelchinsky | 64 Am. U. L. Rev. 967

The U.S. Court of Appeals for the Federal Circuit issued thirteen trademark decisions in 2014, six of which are precedential,  while the other seven are nonprecedential.   Eight of the thirteen decisions involved primarily substantive issues,  while the remaining five involved mostly procedural issues.   All except one of the decisions involved appeals from the Trademark Trial and Appeal Board (TTAB) of the U.S. Patent and Trademark Office (PTO).   The remaining decision was based on an appeal from a U.S. district court.   Six of the TTAB appeals were based on opposition proceedings,  three were based on cancellation proceedings,  and three were ex parte appeals of registration refusals.

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