FedCircuitBlog

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. We keep track of these cases in the “Other Cases” section of our blog. Today, with respect to these cases, we highlight four recent opinions: one addressing injunctive relief, two addressing bilateral tax treaties and their relation to net investment income tax, and one addressing educational benefits for veterans. We also identify two new cases: one raising questions related to injunctive relief, and one raising questions related to the domestic-industry requirement. We highlight two response briefs in cases that raised questions related to inter partes reviews and obviousness; two reply briefs in cases that raise questions related remedies against the United States and copyright law; and one intervenor brief in a case that raises questions related to the ability to appeal denial of institution of inter partes review. Here are the details.

This week (and, as it turns out, next Monday) is Court Week at the Federal Circuit. The court will convene 10 panels to consider 56 cases. Of these 56 cases, the court will hear oral arguments in 36. The Federal Circuit provides access to live audio of these arguments via the Federal Circuit’s YouTube channel. This month, two cases scheduled for oral argument attracted amicus briefs. Here’s what you need to know about these cases.

Late yesterday, the Federal Circuit released a nonprecedential order dismissing a petition. This morning, the court released one precedential opinion and three nonprecedential orders dismissing appeals. The opinion comes in a government contract case appealed from the Court of Federal Claims. Here is the introduction to the opinion as well as links to the orders.

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

• a report highlighting that the Federal Circuit “is writing more opinions . . . several years after it faced criticism from a group of patent lawyers and academics”;
• an article noting how the Federal Circuit “handed SpaceTime3D, Inc. mixed results in two nonprecedential decisions involving graphical user interface patents challenged by Apple and Google”; and
• a piece explaining how “two dozen states pushed the Federal Circuit . . . to revive their specific claims against now-expired temporary tariffs while simultaneously pushing the panel to otherwise back the U.S. Court of International Trade’s ruling that the tariffs were illegal.”

Last month the Federal Circuit issued its opinion in Jacki Easlick, LLC v. Accencyc US, a design patent case we have been following because it attracted an amicus brief. In this case, Jacki Easlick, LLC and JE Corporate, LLC appealed a district court’s denial of a motion for a preliminary injunction as well as a denial of a subsequent motion for reconsideration. In an opinion authored by Judge Prost and joined by Judges Dyk and Schall, the court affirmed the lower court. This is our summary of the opinion.

This morning, the Federal Circuit released one precedential and one nonprecedential opinion. The precedential opinion comes in a veterans case appealed from the Court of Appeals for Veterans Claims. The nonprecedential opinion comes in a patent case appealed from the Eastern District of New York. Here are the introductions to the opinions.

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 pending petitions, since our last update, three new petitions were filed in a case addressing federal employment law and two pro se cases; waivers of the right to respond to petitions were filed in two other pro se cases; and three amicus briefs were filed in a patent case. Here are the details.

As we reported Monday, two cases being argued at the Federal Circuit in September attracted amicus briefs. One of these cases is Barron v. United States. In it, 54 plaintiffs appeal dismissals by the Court of Federal Claims of their takings claims. The appeal present questions related to railroad easements and the interpretation of condemnation decrees and deeds under Florida law. This is our argument preview.

Late yesterday, the Federal Circuit released two nonprecedential orders, one dismissing an appeal and the other dismissing a petition. This morning, the court released one precedential opinion, three nonprecedential opinions, and two nonprecedential orders dismissing appeals. All four opinions come in patent cases appealed from the Patent Trial and Appeal Board; three involve the same parties. Here are the introductions to the opinions as well as links to the orders.

Here is an update on recent en banc activity at the Federal Circuit. Highlights include two new briefs filed in the only pending en banc case, which relates to the President’s Article II removal powers. As for pending petitions, four new petitions were filed in cases raising questions relating to claim construction, appellate procedure, and petitions for inter partes review. The court also denied one petition raising issues regarding claim construction and appellate procedure. Here are the details.