FedCircuitBlog

This morning, the Federal Circuit released one precedential opinion, two nonprecedential opinions, and one nonprecedential order. The precedential opinion comes in a veterans case appealed from the Court of Appeals for Veterans Claims. One of the nonprecedential opinions comes in a patent case appealed from Northern District of California, and the other comes in response to a petition to review a decision of the Merit Systems Protection Board. The nonprecedential order denies a petition for writ of mandamus to the Eastern District of Texas seeking to stay a patent case. Here are the introductions to the opinions and the order.

As noted on the court’s website, the Federal Circuit will not hear oral arguments this month. According to an article published by Law 360, a court spokesperson said the National Courts Building “is currently undergoing significant, internal infrastructure upgrades that require portions of the building to be inaccessible for safety reasons.” We will resume Court Week postings with the court’s September session.

Late yesterday, the Federal Circuit released a nonprecedential order dismissing a petition. This morning the court released three nonprecedential opinions and three nonprecedential orders. One of the nonprecedential opinions comes in a patent case appealed from the Patent Trial and Appeal Board, one comes in a case appealed from the Court of Appeals for Veterans Claims, and one comes in a patent case appealed from the Northern District of California. The three nonprecedential orders dismiss appeals. Here are the introductions to the opinions as well as 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 discussing 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 to explore how law, innovation, science, and civic action have shaped the nation”;
• a blog post highlighting how USPTO Deputy Director Coke Morgan Stewart “announced this week that she will be leaving the Office as of this Friday”; and
• a blog post noting how “[n]early four dozen Democrats are calling for the reversal of a key Merit Systems Protection Board decision that they say could greatly expand presidential firing powers across the career federal workforce.”

This morning the Federal Circuit released two precedential opinions, three nonprecedential opinions, five nonprecedential orders, and one Rule 36 summary affirmance. One of the precedential opinions comes in a case involving correction of military records appealed from the Court of Federal Claims; the other is a case involving tariffs appealed from the Court of International Trade. One of the nonprecedential opinions comes in a patent case appealed form the District of Wyoming, one comes in a veterans case appealed from the Court of Appeals for Veterans Claims, and one comes in a patent case appealed form the Patent Trial and Appeal Board. Two nonprecedential orders come in a cases appealed from the Court of Federal Claims, one transfers an appeal to the Court of Appeals for the District of Columbia, and two dismiss petitions. Here are the introductions to the opinions and substantive orders along with links to the summary affirmance and dismissals.

Here is an update on recent en banc activity at the Federal Circuit. Since our last update, three amicus briefs were filed in the only pending en banc case, which relates to the President’s Article II removal power. Three new petitions for en banc rehearing have been filed raising questions related to appellate procedure, the written description requirement, and claim construction. Finally, six petitions were denied in cases raising questions related to burden of proving unpatentability in inter partes review proceedings, obviousness, damages, appellate procedure, the domestic industry requirement, and objective indicia of nonobviousness. Here are the details. 

Today, the Federal Circuit released five nonprecedential orders. Four dismiss petitions and one dismisses an appeal. Here are 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, one waiver of the right to respond to a petition was filed in a pro se case and one brief in opposition was filed in a veterans case. Here are the details.

Earlier this month the Federal Circuit issued its opinion in Bee v. United States, a case involving correction of military records that we have been following because it attracted two amicus briefs. In this case, William Bee appealed the denial of his request to have his military records reflect medical retirement rather than voluntary separation. In an opinion authored by Judge Reyna and joined by Judges Clevenger and Chen, the court vacated the judgment and remanded the case. This is our summary of the opinion.

This morning, the Federal Circuit released four nonprecedential opinions and two nonprecedential orders. All four opinions come in veterans cases appealed from the Court of Appeals for Veterans Claims. Both orders dismiss appeals. Here are the introductions to the opinions as well as links to the dismissals.