FedCircuitBlog

Late yesterday, the Federal Circuit released a nonprecedential order dismissing an appeal. This morning, the court released a precedential opinion in a patent case, a nonprecedential opinion in a veterans case, and two additional nonprecedential orders dismissing appeals. Here are the introductions to the opinions and links to the dismissals.

Two cases being argued at the Federal Circuit in May attracted amicus briefs. One of these cases is VLSI Technology LLC v. OpenSky Industries, LLC. This is a patent case on an appeal from a judgment of the Patent Trial and Appeal Board in an inter partes review proceeding. Notably, it includes both an appeal and a cross-appeal, and the U.S. Patent and Trademark Office intervened. This is our argument preview.

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

Late yesterday the Federal Circuit released a nonprecedential order dismissing an appeal. This morning the court released two nonprecedential opinions. One comes in an appeal from a judgment of the Eastern District of Texas in a patent case, while the other comes in an appeal from a judgment of the Court of Federal Claims in a case involving a claim for damages under a treaty with the Ute Indians. Here are the introductions to the opinions and a link to the dismissal.

This morning, the Federal Circuit released five nonprecedential opinions. All come in patent cases. Two are appeals from district courts, two are appeals from the Patent Trial and Appeal Board, and one is an appeal from the International Trade Commission. 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. In the only pending case, a patent case addressing inducement of infringement and so-called skinny-labeling, there has been no new activity since our last update. As for pending petitions, since our last update, one new petition was filed in a veterans benefits case; two waivers of the right to respond to petitions were filed in a patent case and a case addressing Federal Circuit Rule 36; a brief in opposition was filed in a government contracts case; and the Supreme Court denied petitions in a patent case, a trademark case, and three pro se cases. Here are the details.

Late yesterday, the Federal Circuit released a nonprecedential order dismissing an appeal. This morning, the court released a precedential opinion, a nonprecedential opinion, five nonprecedential orders, and an erratum. Both opinions come in cases decided by the Merit Systems Protection Board. Two of the five orders transfer appeals, two summarily affirm, and one dismisses a case. Here are the introductions to the opinion and links to the transfers, summary affirmances, erratum, and dismissals.

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

• an article discussing how an en banc petition “is drawing new attention to the question of when altered DNA becomes different enough from nature to be patented”;
• a blog post suggesting a recent Federal Circuit “opinion is a useful teaching vehicle on the patent/trade-secret interface”; and
• an article explaining how the “U.S. Patent and Trademark Office’s Artificial Intelligence Search Automated Pilot, or ASAP, program introduces earlier visibility into the prior art landscape by providing applicants with an automated search results notice prior to substantive examination.”

This morning, the Federal Circuit released five nonprecedential opinions and six nonprecedential orders. Two of the five opinions come in patent cases, one appealed from the Patent Trial and Appeal Board and one from a district court; two come in pro se appeals of decision of the Merit Systems Protection Board; and the fifth comes in a pro se appeal of a decision of the Court of Appeals for Veterans Claims. Two of the six orders deny petitions for writs of mandamus; two transfer appeals; another affirms a judgment; and one dismisses an appeal. Here are the introductions to all the opinions and orders other than the dismissal, along with a link to the dismissal.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Since our last update, two new petitions for en banc rehearing have been filed raising questions related to eligibility and Article III standing; two amicus briefs were filed in case raising questions related to obviousness and apportionment of damages; a panel granted in part a petition for panel rehearing; and the court denied two petitions for en banc rehearing raising questions related to obviousness and another petition filed pro se. Here are the details.