Opinions

Opinions & Orders – January 27, 2023

This morning the Federal Circuit released five nonprecedential orders dismissing appeals. Here are links to the dismissals.

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News

Recent News on the Federal Circuit

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:

  • an article about a mandamus petition claiming “U.S. Patent and Trademark Office Director Kathi Vidal ‘unlawfully’ interfered with a patent validity challenge”; and
  • a blog post about the Federal Circuit denying “General Motor’s petition for a writ of mandamus seeking to compel Judge Alan Albright to transfer a patent infringement case.”
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Opinions

Opinions & Orders – January 26, 2023

This morning the Federal Circuit released a nonprecedential order dismissing an appeal. Here is a link to the dismissal.

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Petitions / Supreme Court Activity

Recent Supreme Court Activity

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, there is no new activity to report since our last update. With respect to petitions, one new petition was filed with the Court in a patent case, and the government filed a brief in opposition in a veterans case. Here are the details. 

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Opinions

Opinions & Orders – January 25, 2023

This morning the Federal Circuit released a precedential opinion in a case appealed from the Court of Federal Claims. In the opinion, the Federal Circuit explains that it vacated the lower court’s decision granting judgment on the administrative record in favor of the government and remanded the case. Late yesterday and this morning, the Federal Circuit also released three nonprecedential orders dismissing appeals. Here is an introduction to the opinion and links to the dismissals.

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En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received two responses to petitions raising questions related to anticipation and the standard for establishing venue. Here are the details.

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Opinions

Opinions & Orders – January 24, 2023

This morning the Federal Circuit released a nonprecedential opinion affirming a judgment of the Northern District of Texas of noninfringement of two patents. Here is the introduction to the opinion.

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Panel Activity

Update on Important Panel Activity

Here is this month’s update on activity in cases pending before panels of the Federal Circuit where the cases involve at least one amicus brief. We keep track of these cases in the “Other Cases” section of our blog. Today, with respect to these cases we highlight six new cases, three of which involve petitions for writs of mandamus that were ultimately denied by the Federal Circuit. Additionally, we highlight an opinion in a government contract case and a patent case with a new briefing. Here are the details.

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Opinions

Opinions & Orders – January 23, 2023

This morning the Federal Circuit released two precedential opinions in separate cases appealed from the Court of Appeals for Veterans Claims. In the first precedential opinion, the Federal Circuit affirms the Veterans Court’s denial of a request to exclude certain payments in calculating a veteran’s non-service-connected pension. In the second precedential opinion, the Federal Circuit affirms the Veterans Court’s conclusion that a veteran is barred from receiving reimbursement for specific medical treatment. The Federal Circuit also released a nonprecedential opinion in another veterans case appealed from the Court of Appeals for Veterans Claims. Finally, the Federal Circuit released a nonprecedential order denying a petition for a writ of mandamus seeking to transfer an appeal from the Western District of Texas to the Eastern District of Michigan. Here are the introductions to the opinions and text from the order.

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Featured / Federal Circuit Announcement

Federal Circuit Issues Notice of Proposed Amendments to the Federal Circuit Rules of Practice

This past Friday, the Federal Circuit issued a Notice of Proposed Amendments to the Federal Circuit Rules of Practice. The court proposes to amend eight Federal Circuit Rules of Practice and the Practice Notes to four rules. If adopted, the amendments would take effect on March 1, 2023. While there are many proposed amendments, as a highlight, proposed changes include requiring service of a paper copy of each brief and appendix on opposing counsel “unless counsel deems it unnecessary.” Friday’s notice also indicates the court “may also implement” previously proposed amendments that the court later deferred. Here is the full text of Friday’s announcement, a summary of the most recent proposed amendments, and links to the redlined copy and a clean copy of the most recent proposed amendments. Note that public comments in response to Friday’s proposed amendments must be received by the Clerk of Court on or before February 21.

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