Two cases being argued in July at the Federal Circuit attracted amicus briefs. One of those cases is Apple Inc. v. International Trade Commission, a patent case. In this case, Apple appeals from a judgment of the International Trade Commission, arguing the Commission erred in concluding that Masimo established an existing domestic industry, in concluding that five patent claims are infringed and not invalid, and in rejecting Apple’s prosecution laches defense. This is our argument preview.
Opinions & Orders – July 1, 2025
This morning, the Federal Circuit released one nonprecedential opinion in a case appealed from the Court of Appeals for Veterans Claims. In its opinion, the Federal Circuit explained that the Veterans Court had legally erred with respect to its denial of attorney’s fees. Notably, Judge Reyna dissented. Here is the introduction to the majority opinion along with Judge Reyna’s dissent.
Recent News on the Federal Circuit
Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today we highlight:
- a piece suggesting “[r]ecent Trump Administration actions point to enhanced support for patent rights”;
- a report analyzing a “dramatic increase in denials of Patent Trial and Appeal Board petitions” following guidance issued on March 24;
- a post discussing how the Patent Trial and Appeal Board “on Thursday designated as informative a Director Review decision,” in which “Acting Director Coke Morgan Stewart said the Board abused its discretion by instituting two petitions for inter partes review (IPR) challenging the same claims”; and
- an article discussing how “[t]he U.S. Patent and Trademark Office will establish its new Southeast Regional Outreach office at its Alexandria headquarters,” which reverses “a previous decision to locate the facility in Atlanta.”
Opinions & Orders – June 30, 2025
This morning, the Federal Circuit released a precedential opinion in a patent case appealed from the Patent Trial and Appeal Board. The Federal Circuit also released nonprecedential opinions in three other patent cases, two in cases appealed from the Patent Trial and Appeal Board and one in a case appealed from the Southern District of Ohio. Finally, the Federal Circuit released a nonprecedential order dismissing an appeal from a judgment of the Merit Systems Protection Board. Here are the introductions to the opinions, along with a link to the dismissal.
Update on Important Panel Activity
Here is this month’s update on activity in cases pending before panels of the Federal Circuit where the cases involve at least one amicus brief. We keep track of these cases in the “Other Cases” section of our blog. Today, with respect to these cases, we highlight a new opinion issued in a patent case resolving a dispute related to claim construction, a new amicus brief in a patent case addressing discretionarily denials of petitions for inter partes review based on parallel district court litigation, a response brief in a patent case involving a dispute related to claim construction, and an intervenor brief filed by the Acting Director of the U.S. Patent and Trademark Office in a case involving an appeal and cross-appeal from an inter partes review proceeding. Finally, the court scheduled oral argument next month in two cases that attracted amicus briefs. Here are the details.
Opinions & Orders – June 27, 2025
Late yesterday, the Federal Circuit released two nonprecedential orders vacating and remanding cases decided by the Merit Systems Protection Board. This morning, the Federal Circuit released one precedential opinion in a case appealed from the Court of Appeals for Veterans Claims. The court also released three nonprecedential opinions. Two came in patent cases appealed from the Patent Trial and Appeal Board and the Northern District of California. The third came in a case appealed from the Merit Systems Protection Board. Here are the introductions to the opinions and orders.
Recent News on the Federal Circuit
Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today we highlight:
- a piece suggesting the United States government’s decision to file “a Statement of Interest in . . . a patent infringement in the United States District Court for the Eastern District of Texas, Marshall Division,” is “quite telling, and will be taken as extremely good news by patent owners”;
- an article discussing how a “group of five small businesses on Wednesday signed up prominent appellate lawyer Neal Katyal and former federal appeals court judge Michael McConnell to defend their court victory over President Donald Trump’s tariffs”;
- a blog post examining how “[t]he [United States Patent and Trademark Office] has begun implementing a comprehensive enforcement system for false assertions of small entity and micro entity fee status”; and
- a report covering how “Motorola Solutions Inc. challenged the US Patent and Trademark Office’s retroactive application of a policy shift that killed its efforts to invalidate eight patents in administrative proceedings.”
Opinions & Orders – June 26, 2025
Late yesterday, the Federal Circuit issued a nonprecedential order dismissing an appeal from the Court of International Trade. This morning, the Federal Circuit released two nonprecedential orders. The first dismisses an appeal from the Board of Veterans’ Appeals, while the second transfers a case appealed from the Merit Systems Protection Board to the District of Maryland. Here is the introduction to the order dismissing the appeal from the the Board of Veterans’ Appeals and links to the transfer and dismissal.
Recent Supreme Court Activity
Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With regard to granted petitions, there is no new activity. With regard to pending petitions, two new petitions were filed in pro se cases, and a new reply brief was filed in a patent case raising a question regarding objective indicia of non-obviousness. The Court also denied a petition in another pro se case. Here are the details.
Opinions & Orders – June 25, 2025
This morning, the Federal Circuit released four nonprecedential opinions, two in patent cases, one appealed from the Armed Services Board of Contract Appeals, and one appealed from the Merit Systems Protection Board. The Federal Circuit also released two nonprecedential orders dismissing appeals in one MSPB case and one patent case. Here are the introductions to the opinions and links to the dismissals.