Featured / FedCircuitBlog

Welcome to Fed Circuit Blog

I’m excited to introduce you to Fed Circuit Blog, a project of the Tsai Center for Law, Science and Innovation at the SMU Dedman School of Law. This blog provides comprehensive coverage of activities and news related to the U.S. Court of Appeals for the Federal Circuit.

In several ways the Federal Circuit is a unique court. Given that it has exclusive jurisdiction over appeals in various types of federal cases, unless the Supreme Court reviews its opinions, these opinions govern nationwide.

The court’s exclusive jurisdiction includes appeals in patent cases. Given the impact of patents on the development and use of technology, the Federal Circuit holds an important place in the innovation ecosystem. As a result, Fed Circuit Blog will provide particular insight into the law governing patent cases and its impact on the innovation ecosystem. That said, Fed Circuit Blog will extend its coverage of the court to other areas of the court’s jurisdiction.

So exactly what information will Fed Circuit Blog provide?

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Opinions

Today’s Opinions – April 1, 2020

This morning the Federal Circuit issued one nonprecedential opinion in a Merit Systems Protection Board case. Here is the introduction to the opinion.

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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. Highlights include two responses to a petition raising questions related to prosecution history estoppel; one amicus brief in a case raising questions related to venue; and the denial of three petitions related to attorney’s fees, transfer, and Arthrex-related arguments. Here are the details.

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Opinions

Today’s Opinions – March 31, 2020

This morning the Federal Circuit issued one precedential opinion in a veterans case, one precedential opinion in a government contracts case, and two nonprecedential opinions in patent cases. Here are the introductions to the opinions.

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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 a discussion of the Federal Circuit’s treatment of Patent Trial and Appeal Board decisions, articles about two decisions by the Federal Circuit in pharmaceutical patent cases, and a comment on the upcoming use of telephonic oral arguments.

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Opinions

Today’s Opinions – March 30, 2020

The Federal Circuit did not issue any opinions this morning.

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Argument Preview

Argument Preview – Bio-Rad Laboratories, Inc. v. 10X Genomics Inc.

The only case being argued next week that attracted an amicus brief is Bio-Rad Laboratories, Inc. v. 10X Genomics Inc. The appellant in this case, 10X Genomics,Inc., presented five issues for the court to review, covering aspects of literal infringement, infringement under the doctrine of equivalents, claim construction, damages, and injunctive relief. The amicus brief, however, focused only on the issue of injunctive relief. This case will be argued at the Federal Circuit on Friday, April 10. This is our argument preview.

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Opinions

Today’s Opinions – March 27, 2020

This morning the Federal Circuit issued one precedential opinion in an antidumping case and one nonprecedential order in a patent case. Here is the introduction to the opinion and the text of the order.

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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 two articles discussing the Federal Circuit’s denial of en banc rehearing in Arthrex, Inc. v. Smith & Nephew, Inc., a report on upcoming oral arguments set to be heard before the Federal Circuit over plutonium fines, and a preview of the oral argument to be heard before the Supreme Court in Google LLC v. Oracle America, Inc.

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Opinions

Today’s Opinions – March 26, 2020

Today the Federal Circuit issued two nonprecedential opinions in patent cases. Here are the introductions to the opinions.

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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 activity to report. With respect to petitions cases, one new petition was filed in a case presenting a question related to importation patent infringement and copyright infringement, and three amicus briefs were filed in support of a petition raising questions related to trade and procedural law. Additionally, the Supreme Court denied five petitions related to patent eligibility and veterans law. Here are the details.

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