FedCircuitBlog

Today the Federal Circuit released two precedential opinions, a precedential order, and two nonprecedential orders dismissing cases. Both of the precedential opinions come in trade cases, and in both cases the court affirms the judgment of the Court of International Trade. In the precedential order, the Federal Circuit denies panel and en banc rehearing in a design patent cases. Notably, Judge Cunningham joined by Judge Hughes released an opinion concurring in the denial of the petition for rehearing en banc , while Chief Judge Moore joined by Judge Reyna released an opinion dissenting from the denial of the petition for rehearing en banc. Here are the introductions to the opinions and links to the dismissals.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. There are currently no pending cases previously decided by the Federal Circuit. As for pending petitions, since our last update, two new petitions were filed in a patent case and a pro se case, and a waiver of the right to respond to a petition was filed in another pro se case Here are the details.

Today the Federal Circuit released three precedential opinions, two nonprecedential opinions, and a nonprecedential order. One of the precedential opinions comes in a veterans case appealed from the Court of Appeals for Veterans Claims, one comes in a patent case appealed from the Patent Trial and Appeal Board, and one comes in a vaccine case appealed from the Court of Federal Claims. Both of the nonprecedential opinions come in patent cases, one appealed from the Patent Trial and Appeal Board and the other from a district court. The order is a dismissal. Here are the introductions to the opinions and a link to the dismissal.

Today the Federal Circuit released two precedential opinions and two nonprecedential opinions. The precedential opinions come in veterans and trade cases, while the nonprecedential opinions come in patent and veterans cases. Here are the introductions to the opinions.

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today we highlight:

• an article suggesting the Federal Circuit in a recent opinion “explored and clarified” the limits on how a court can correct errors in patents;
• a blog post indicating another recent Federal Circuit decision answers the question of “[w]hat value” a patent has when it “expires before it issues”;
• an article explaining how the Supreme Court’s “unanimous decision in Hikma v. Amarin fundamentally altered the legal landscape for generic pharmaceutical manufacturers, imposing a stricter standard for what constitutes patent infringement liability and potentially clearing a path for lower-cost alternatives to reach patients sooner”; and
• an article arguing President Trump’s “new Section 301 tariffs . . . run afoul of the major questions doctrine, which requires Congress to ‘speak clearly’ when authorizing the executive to make decisions of ‘vast economic and political significance.’”

This morning, the Federal Circuit released a nonprecedential opinion in a patent case appealed from the Patent Trial and Appeal Board. In the opinion, the court affirms the PTAB’s invalidation of a claim in an inter partes review proceeding. The claimed invention was a crossbow. Here is the introduction to the opinion.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. There are currently no pending cases previously decided by the Federal Circuit. As for pending petitions, since our last update, three new petitions were filed in a patent case and two pro se cases. Here are the details.

This morning, the Federal Circuit released two nonprecedential opinions. The first comes in response to a petition to review a final decision of the Merit Systems Protection Board, and the second comes in a patent case appealed from the Patent Trial and Appeal Board. Here are the introductions to the opinions.

Here is an update on recent en banc activity at the Federal Circuit. Since our last update, fourteen amicus briefs were filed in the only pending en banc case, which relates to the President’s Article II removal power. Also, two new response briefs were filed in response to petitions in patent cases raising questions related to damages, the written description requirement, and the enablement requirement. Here are the details.

Late yesterday, the Federal Circuit released a nonprecedential order dismissing an appeal. This morning, the court released two precedential opinions and one nonprecedential opinion. The first precedential opinion comes in a Tucker Act case appealed from the Court of Federal Claims. The second precedential opinion and the nonprecedential opinion come in separate patent cases appealed from the Southern District of Florida. Here are the introductions to the opinions as well as a link to the dismissal.