FedCircuitBlog

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. There are currently no pending cases. As for pending petitions, since our last update one new petition was filed in a pro se case and one waiver of the right to respond to a petition was filed in another pro se case. Here are the details.

Late yesterday, the Federal Circuit released a nonprecedential order dismissing an appeal. This morning, the Federal Circuit released three nonprecedential opinions and three nonprecedential orders. One nonprecedential opinion comes in a pro se case appealed from the Court of Federal Claims, one comes in a veterans case appealed from the Court of Appeals for Federal Claims, and one comes in response to a petition for review of a final decision of the Merit Systems Protection Board. One nonprecedential order denies a petition for a writ of mandamus to the Merit Systems Protection Board, and two orders dismiss appeals. Here are the introductions to the opinions and the orders 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:

• a blog post explaining that “the detailed description of . . . non-provisional patent applications must be perfect when filed, and that even if new information is discovered after filing, no changes can be made”;
• an article discussing how a recent Federal Circuit “ruling underscores how even small structural discrepancies in provisional patent applications can have significant consequences for priority claims and patent validity in pharmaceutical litigation”;
• a blog post highlighting how “Federal procedure has long used money bonds to price the risk that preliminary relief turns out wrong”; and
• an article suggesting a recent Supreme Court’s ruling “bolstered the Trump administration’s quest to fire immigration judges and other civil servants who have legal shields protecting them from at-will removal.”

This morning, the Federal Circuit released one nonprecedential opinion and three nonprecedential orders. The nonprecedential opinion comes in a patent case appealed from the Northern District of California. One of the orders comes in response to a petition for review of a final decision of the Merit Systems Protection Board, and the other two orders dismiss appeals. Here are the introductions to the opinions and the first order as well as links to the dismissals.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Since our last update, two new petitions for en banc rehearing have been filed raising questions related to damages and the Administrative Procedure Act. One new response was filed in a case raising a question related to appellate procedure. One new amicus brief was filed in a case raising questions related to enablement and written description. Finally, one petition was denied in a case raising a question related to inventorship. Here are the details.

This morning, the Federal Circuit released one nonprecedential opinion and two nonprecedential orders. The opinion comes in a patent case appealed from the Southern District of New York, and the orders come in response petitions for review of decisions of the Merit Systems Protection Board. Here are the introductions to the opinion and orders.

This week (and, as it turns out, next Monday) is Court week at the Federal Circuit. The court will convene nine panels to consider 54 cases. Of the 54 cases, the court will hear oral argument in 37. The Federal Circuit provides access to live audio of these arguments via the Federal Circuit’s YouTube channel. This month, one case scheduled for oral argument attracted an amicus brief and in one case the court appointed amicus curiae to present an oral argument. Here’s what you need to know about these cases.

Late yesterday, the Federal Circuit released a nonprecedential order dismissing a petition. Today the court is closed to recognize Independence Day. Here is a link to yesterday’s dismissal. Enjoy the 4th!

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

• a blog post reviewing a recent Federal Circuit opinion and arguing a “defendant who is temporarily excluded from the market on the basis of a patent that turns out, ex post, to have been either invalid or not infringed (or otherwise unenforceable)” should be “compensated for the interim losses it suffers”;
• an article suggesting that “[s]atisfying the written description and enablement requirements has emerged as a significant challenge in patenting [antibody-drug conjugates] inventions in the U.S.”;
• an article by Former Federal Circuit Judge Kathleen O’Malley “reflecting not only on what the Founders rejected, but on what they tried to build”; and
• an article highlighting that “President Donald Trump . . . threatened a 100% tax on imports from any country that imposes a tax on digital services from United States companies.”

Late yesterday, the Federal Circuit released two nonprecedential orders dismissing appeals. This morning, the court released one precedential opinion and three nonprecedential opinions. The precedential opinion and one of the nonprecedential opinions come in patent cases appealed form the District of Delaware. One of the other nonprecedential opinions comes in a government contract case appealed from the Court of Federal Claims, and one comes in another patent case appealed from the Eastern District of North Carolina. Here are the introductions to the opinions as well as links to the dismissals.