FedCircuitBlog

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

• a blog post suggesting a recent Federal Circuit “decision is important because it overturns USPTO policy implementing” the America Invents Act and, “ultimately, . . . gives patent owners a new way to knock out references that reach back to a priority filing date”;
• a blog post contemplating how the “absence of a presumption of irreparable harm” in a recent Federal Circuit decision “remains a fraught issue”;
• a blog post reporting that “[f]ormer Deputy Director of the U.S. Patent and Trademark Office, Coke Morgan Stewart, has joined the Council for Innovation Promotion as President and CEO;” and
• an article arguing that President “Trump’s resistance to judicial review goes beyond criticizing the reasoning or conclusions of judges who rule against him.”

Late yesterday, the Federal Circuit released a nonprecedential order dismissing an appeal. This morning, the Federal Circuit released two precedential opinions. One comes in a veterans case appealed from the Court of Appeals for Veterans Claims, and the other comes in response to a petition to review a final decision of the Merit Systems Protection Board. Here are the introductions to the opinions as well as a link to the dismissal.

Here is an update on recent en banc activity at the Federal Circuit. Since our last update, one petition for rehearing en banc was granted in a case raising a question related to whether veterans’ preference rights are applicable to veterans currently employed by the federal government, and one new amicus brief was filed in a case raising a question related to the President’s Article II removal powers. In addition, one new petition for en banc rehearing was filed raising questions related to appellate procedure and means-plus-function treatment. Lastly, three petitions were denied in cases raising questions related to test for design patent infringement, the constitutional right to a jury trial, the Administrative Procedure Act, appellate procedure, and transfer. Here are the details.

This morning, the Federal Circuit released one precedential opinion, one nonprecedential opinion, and one nonprecedential order. The precedential opinion comes in a patent case appealed from the Southern District of Texas. The nonprecedential opinion comes in another patent case appealed from the Patent Trial and Appeal Board. The nonprecedential order dismisses an appeal. Here are the introductions to the opinions as well as a link to the dismissal.

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, three new petitions were filed in a patent case and two pro se cases; three waivers of the right to respond to a petition was filed in a case originally decided by the Merit Systems Protection Board and two pro se cases; a reply brief in support of a petition was filed in a veterans case; and seven amicus briefs were filed in one patent case. Here are the details.

Late yesterday, the Federal Circuit released a nonprecedential order dismissing an appeal. This morning, the court released a nonprecedential opinion in a patent case appealed from the Patent Trial and Appeal Board. Here is the introduction to the opinion as well as a link to the dismissal.

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

• an article covering how Judge Albright of the Western District of Texas recently urged Congress to “fix Section 101” before a “tsunami” of artificial intelligence cases raise difficult questions related to patent eligibility;
• an article reporting how “[g]overnment lawyers said a Court of International Trade judge overstepped his authority by ordering the U.S. Customs and Border Patrol to issue refunds to all companies that paid tariffs that were deemed illegal in February, even those that didn’t file a lawsuit in trade court”;
• an article discussing how last week the Federal Circuit “declined to reconsider its test for determining when a design patent is infringed, months after the court’s chief judge harshly criticized the current standard in a case involving body massage tools”; and
• a blog post highlighting how the USPTO “published a Federal Register Notice Tuesday announcing administrative updates to the General Requirements Bulletin.”

Late Friday, the Federal Circuit released two nonprecedential orders. One order dismissed an appeal and the other dismissed a petition. This morning, the Federal Circuit released one errata and one nonprecedential order. The nonprecedential order dismissed an appeal. Here are the links to the errata and the dismissals.

This morning the Federal Circuit granted a petition for en banc rehearing and issued a modified opinion in Brimer v. Department of the Navy. Notably, Part I of the modified opinion is joined by all eleven of the active judges participating in the case. In that part, the court overrules its precedent and holds that a statutory provision granting veterans’ preference rights is applicable to veterans currently employed by the federal government. Here are the details.

Late yesterday, the Federal Circuit released two nonprecedential orders dismissing petitions. This morning, the Federal Circuit released two precedential opinions, two nonprecedential opinions, and one nonprecedential order. One of the precedential opinions comes in a response to a petition seeking to have the en banc court reconsider a panel’s review of a decision of the Merit Systems Protection Board. Today’s nonprecedential order explains that the en banc court granted rehearing in response to the petition and the withdrew and replaced the panel’s opinion with a modified opinion that includes one part that is joined by all of the active judges that participated in the vote on rehearing. The other precedential opinion comes in a patent case appealed from the Patent Trial and Appeal Board. One of the nonprecedential opinions comes in a case appealed from the Court of Federal Claims, and the other comes in a patent case appealed from the Western District of Pennsylvania. Here are the introductions to the opinions and today’s order as well as links to the dismissals.