FedCircuitBlog

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This morning the Federal Circuit released two precedential opinions, three nonprecedential opinions, five nonprecedential orders, and one Rule 36 summary affirmance.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 One of the nonprecedential opinions comes in a patent case appealed form the District of Wyoming, one comes in a veterans case appealed from the Court of Appeals for Veterans Claims, and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 Two nonprecedential orders come in a cases appealed from the Court of Federal Claims, one transfers an appeal to the Court of Appeals for the District of Columbia, and two dismiss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.

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

• an article suggesting that “[w]hether machine learning is patent eligible depends upon whether you ask the U.S. Court of Appeals for the Federal Circuit or the U.S. Patent and Trademark Office”;
• a blog post discussing how “the majority of Schedule A cases ‘involve allegations of trademark or design patent infringement, though some allege violations of copyrights or of utility patents”;
• a blog post highlighting highlighting how, “[i]n the space of a few months, the U.S. Court of Appeals for the Federal Circuit and the U.S. District Court for the District of Massachusetts delivered two decisions that, read together, change how patent applicants and their counsel should approach the deceptively simple question of who invented what”; and
• a blog post covering how the USPTO’s “‘settled expectations’ policy” for denying petitions for inter partes review “now has a second challenger at the Supreme Court.”

Here is an update on activity in cases pending before panels of the Federal Circuit where the cases have attracted at least one amicus brief or the court has appointed amicus counsel. We keep track of these cases in the “Other Cases” section of our blog. Today, with respect to these cases, we highlight three recent opinions in cases raising questions related to military records, tax refunds, and invalidity for lack of enablement, and one order dismissing an appeal. In addition, we highlight three newly identified cases raising questions related to inter partes review proceedings, claim construction, and educational assistance benefits. As for new briefing, we highlight three response briefs in cases that raised questions related to infringement, claim construction, and educational assistance benefits; one principal and response brief in a case that raised copyright and patent questions; three reply briefs in cases that raised questions related to patent eligibility, claim construction, and educational assistance benefits; and seven new amicus briefs in one case that raised a question related to infringement. We also highlight two recent oral arguments in cases that raised questions related to claim construction and veterans educational assistance benefits. Here are the details.

This morning, the Federal Circuit released one precedential opinion and three nonprecedential orders. The opinion comes in a patent case appealed form the District of Delaware. One of the nonprecedential orders comes in a case appealed from the Court of Federal Claims that was dismissed for lack of jurisdiction, and the other two orders dismiss appeals. Here are the introductions to the opinion and the first order as well as links to the dismissals.