FedCircuitBlog

Late yesterday, the Federal Circuit released a nonprecedential order dismissing a petition. This morning, the court released one precedential opinion and three nonprecedential orders dismissing appeals. The opinion comes in a government contract case appealed from the Court of Federal Claims. Here is the introduction to the opinion as well as links to the orders.

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

• a report highlighting that the Federal Circuit “is writing more opinions . . . several years after it faced criticism from a group of patent lawyers and academics”;
• an article noting how the Federal Circuit “handed SpaceTime3D, Inc. mixed results in two nonprecedential decisions involving graphical user interface patents challenged by Apple and Google”; and
• a piece explaining how “two dozen states pushed the Federal Circuit . . . to revive their specific claims against now-expired temporary tariffs while simultaneously pushing the panel to otherwise back the U.S. Court of International Trade’s ruling that the tariffs were illegal.”

Last month the Federal Circuit issued its opinion in Jacki Easlick, LLC v. Accencyc US, a design patent case we have been following because it attracted an amicus brief. In this case, Jacki Easlick, LLC and JE Corporate, LLC appealed a district court’s denial of a motion for a preliminary injunction as well as a denial of a subsequent motion for reconsideration. In an opinion authored by Judge Prost and joined by Judges Dyk and Schall, the court affirmed the lower court. This is our summary of the opinion.

This morning, the Federal Circuit released one precedential and one nonprecedential opinion. The precedential opinion comes in a veterans case appealed from the Court of Appeals for Veterans Claims. The nonprecedential opinion comes in a patent case appealed from the Eastern District of New York. Here are the introductions to the opinions.

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 pending petitions, since our last update, three new petitions were filed in a case addressing federal employment law and two pro se cases; waivers of the right to respond to petitions were filed in two other pro se cases; and three amicus briefs were filed in a patent case. Here are the details.

As we reported Monday, two cases being argued at the Federal Circuit in September attracted amicus briefs. One of these cases is Barron v. United States. In it, 54 plaintiffs appeal dismissals by the Court of Federal Claims of their takings claims. The appeal present questions related to railroad easements and the interpretation of condemnation decrees and deeds under Florida law. This is our argument preview.

Late yesterday, the Federal Circuit released two nonprecedential orders, one dismissing an appeal and the other dismissing a petition. This morning, the court released one precedential opinion, three nonprecedential opinions, and two nonprecedential orders dismissing appeals. All four opinions come in patent cases appealed from the Patent Trial and Appeal Board; three involve the same parties. Here are the introductions to the opinions as well as links to the orders.

Here is an update on recent en banc activity at the Federal Circuit. Highlights include two new briefs filed in the only pending en banc case, which relates to the President’s Article II removal powers. As for pending petitions, four new petitions were filed in cases raising questions relating to claim construction, appellate procedure, and petitions for inter partes review. The court also denied one petition raising issues regarding claim construction and appellate procedure. Here are the details.

This morning, the Federal Circuit released two nonprecedential orders dismissing petitions. Here are links to the dismissals.

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

• an article suggesting “Texas’ reputation as the nation’s top venue for patent disputes hasn’t faded”;
• an article arguing a recent Federal Circuit ruling related to patent marking “will complicate licensing talks” between patent owners and prospective licensees and “and give defendants a route to limit or escape damages in some cases”;
• a press release reporting how, “[o]n the eve of the 250th anniversary of Independence Day, in the nation’s capital, the Federal Circuit Center for Innovation and Law invited the public to the Justice Up Close, History All Around civics program”; and
• an article “ranking the Circuit Courts by importance.”