FedCircuitBlog

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

• an article reporting how the U.S. Supreme Court on Monday “refused to take up a case in which Google argued that the U.S. Patent and Trademark Office has exceeded its authority by using the age of patents as a reason to refuse to review them”;
• a blog post highlighting how “eligibility is again about a fifth of the PTAB’s appeal docket . . . and the Board has nearly stopped raising Section 101 ‘new grounds of rejection’”;
• a blog post announcing how the publication of “Unfettered Invention: How the X Patents Sparked Early American Technology”; and
• an article noting how a recent motion in a patent case argued a “presentation of legal opinions” by retired judge Kathleen O’Malley of the Federal Circuit “was inappropriate.”

Late yesterday, the Federal Circuit released a nonprecedential order dismissing an appeal. This morning, the court released two nonprecedential opinions. One comes in a case appealed from the Merit Systems Protection Board, and the other comes in a government contract and takings case appealed from the Court of Federal Claims. Here are the introductions to today’s opinions, along with a link to yesterday’s dismissal.

This morning, the Federal Circuit released one nonprecedential opinion. It comes in a takings case appealed from the Court of Federal Claims. Here is the introduction to the opinion.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Since our last update, one new petition was filed in a patent case raising questions related to standing. The court also denied a petition for rehearing in a case raising questions about venue and appellate procedure. Here are the details.

Late Friday afternoon, the Federal Circuit released three nonprecedential orders dismissing appeals. This morning, the court released one precedential opinion and one nonprecedential order. Today’s opinion comes in a patent case appealed from the Patent Trial and Appeal Board. Today’s order denies a motion for leave to proceed in forma pauperis. Here are the introductions to today’s opinion and order, along with links to Friday’s dismissals.

Late yesterday, the Federal Circuit released four nonprecedential orders dismissing cases. This morning, the court released two nonprecedential opinions. One comes in a patent case appealed from the Southern District of California, and the other comes in a case appealed from the Merit Systems Protection Board. Here are the introductions to the opinions along with links to the dismissals.

Last week, the Federal Circuit heard oral argument in District of Columbia Water and Sewer Authority v. United States, a case we have been following because it attracted an amicus brief. In this case, the United States appeals a decision of the Court of Federal Claims, which awarded the District of Columbia Water and Sewer Authority $633,150.90 for unpaid sewer charges. Judges Stoll, Cunningham, and Stark heard the oral argument. This is our argument recap.

The Federal Circuit did not release any opinions or orders this morning on its website.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. There are currently no cases pending before the Supreme Court that were previously decided by the Federal Circuit. As for petitions, since our last update, one new petition was filed in a government contract case, one waiver of the right to respond to a petition was filed in a copyright case, and one amicus brief was filed in a patent case. Here are the details.

This morning, the Federal Circuit released two nonprecedential opinions, one nonprecedential order, and one Rule 36 summary affirmance. Both opinions come in patent cases, one from the Central District of California and one from the Patent Trial and Appeal Board. Today’s order is a dismissal. Here are the introductions to the opinions as well as links to the summary affirmance and dismissal.