FedCircuitBlog

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]ith $1.3 billion at stake, Arbutus Biopharma Corp. v. Moderna Inc. is this fall’s main event” at the Federal Circuit, “with expedited oral argument scheduled for Nov. 5”;
• an article discussing how last week Judge Stark said that, “although he is ‘not knowingly’ relying on AI, he expects that could change within a few years”;
• a blog post noting how, as of the time of a recent review, “[e]ight en banc petitions are pending at the Federal Circuit, though two are pro se”; and
• an article reporting how the Federal Circuit last month “heard 32 appeals across Chicago, with cases involving patents, international trade, veterans’ benefits, federal employment, and other areas of federal law.”

This morning, the Federal Circuit released one nonprecedential opinion, one nonprecedential order, and one errata. The opinion comes in a military discharge case appealed from the Court of Federal Claims. Today’s order dismisses an appeal from the District of Delaware. Here is the introduction to the opinion, along with links to the dismissal and errata.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Since our last update, three new petitions were filed raising questions related to procedure and eligibility, the written description requirement, and sanctions. The court also lifted a stay on a case raising questions about the doctrine of equivalents. Finally, the court denied a petition for rehearing raising a question about claim construction. Here are the details.

Today, the Federal Circuit released two nonprecedential orders. One dismisses an appeal from the Patent Trial and Appeal Board, the other dismisses an appeal from the Court of Federal Claims. Here are links to the dismissals.

This week (and as it turns out, next Monday) is Court Week at the Federal Circuit. The court will convene 13 panels to consider 75 cases. Of these 75 cases, the court will hear oral arguments in 49. The Federal Circuit provides access to live audio of these arguments via the Federal Circuit’s YouTube channel. This month, four cases scheduled for oral argument attracted amicus briefs. Here’s what you need to know about these cases.

This morning, the Federal Circuit released four nonprecedential opinions, three nonprecedential orders, and one Rule 36 summary affirmance. All four opinions come in patent cases: one from the District of Delaware, one from the Northern District of California, and two from the Patent Trial and Appeal Board. As for today’s orders, two deny petitions for writs of mandamus, one to the District of Colorado and the other to the Merit Systems Protection Board, and one summarily affirms a decision of the Court of Federal Claims, which dismissed a complaint for lack of jurisdiction. Here are the introductions to the opinions and orders, along with a link to the summary affirmance.

As we have been reporting, four cases being argued at the Federal Circuit in November attracted amicus briefs. One is Arbutus Biopharma Corp. v. Moderna, Inc., a patent case that has attracted several amicus briefs. In this case, Moderna appeals a district court’s ruling that its COVID-19 vaccine production under a government contract was not protected by 28 U.S.C. § 1498(a) for doses that were not administrated directly to U.S. government employees. On appeal, Moderna presents questions concerning statutory interpretation and the scope of the government-use defense in patent infringement litigation. This is our argument preview.

This morning, the Federal Circuit released two nonprecedential opinions and six nonprecedential orders. One opinion comes in a patent case appealed from the Patent Trial and Appeal Board; the other comes in a veterans case appealed from the Court of Appeals for Veterans Claims. As for today’s orders: one dismisses an untimely appeal from the Court of Federal Claims; one denies a motion to stay and dismisses a petition seeking review of letters from the Office of Personnel Management regarding an annuity calculation; one dismisses an appeal from the Eastern District of Pennsylvania; two transfer petitions to review decisions of the Merit Systems Protection Board; and one grants an unopposed motion to remand a case to the Merit Systems Protection Board. Here are the introductions.  

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 petitions, since our last update, one new petition was filed in a pro se case; three waivers of the right to respond to petitions were filed, two in a patent case and one in a pro se case; one brief in opposition was filed in a patent case; a reply brief in support of a petition was filed in a patent case; and one amicus brief was filed in a patent case. Here are the details.

Late yesterday, the Federal Circuit released two nonprecedential orders dismissing appeals. This morning, the court released one nonprecedential opinion and two nonprecedential orders. The opinion comes in a patent case appealed from the Patent Trial and Appeal Board. As for today’s orders, one grants a motion for leave to appeal and summarily affirms a decision of the Court of Federal Claims, and the other grants a motion to remand for additional proceedings in an appeal from the Patent Trial and Appeal Board. Here are the introductions to the opinion and today’s orders, along with links to yesterday’s dismissals.