Featured / Federal Circuit Announcement

Breaking News – Federal Circuit Announces Suspension of Judge Newman, Releases Order Detailing Suspension

This morning the Federal Circuit released additional materials pertaining to the ongoing investigation into Judge Newman’s fitness to serve as a judge on the Federal Circuit. These materials include a redacted audio recording and various letters and orders, including a 375-page document containing a 73-page unanimous per curiam order of the court’s Judicial Council dated today along with numerous redacted supporting attachments. Most significantly, today’s order suspends Judge Newman for the period of at least one year. The order states:

  1. “Judge Newman shall not be permitted to hear any cases, at the panel or en banc level, for a period of one year beginning with the issuance of this Order, subject to consideration of renewal if Judge Newman’s refusal to cooperate continues after that time and to consideration of  modification or rescission if justified by an end of the refusal to cooperate.”
  2. “The Committee shall maintain jurisdiction over this matter.”

Here is the full text of this morning’s announcement, with links to the released materials, including today’s order and attachments along with prior letters and orders and a redacted audio recording.

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Opinions

Opinions & Orders – September 28, 2023

This morning, the Federal Circuit released a nonprecedential opinion addressing an appeal from a judgment of the Patent Trial and Appeal Board holding claims unpatentable as obvious. Late yesterday, the Federal Circuit also released an order granting an unopposed motion to remand a case to the Court of Appeals for Veterans Claims. Here are the introductions to the opinion and order.

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Federal Circuit Announcement

Federal Circuit Announces It Will Continue Operating in the Event of a Lapse in Appropriations

This morning, the Federal Circuit released an announcement that the Court will remain “open for business” and all filing deadlines will remain in effect in the event of a lapse in federal appropriations on Sunday, October 1. Here is the full text of and a link to this morning’s announcement.

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Petitions / Supreme Court Activity

Recent Supreme Court Activity

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, there is no new activity to report since our last update. While no new petitions were filed with the Court, waivers of right to respond were filed in a patent case and a pro se case, a brief in opposition was filed in a trade case presenting questions related to separation of powers and steel tariffs, and three amicus briefs were filed in a veterans case. Here are the details.

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Opinions

Opinions & Orders – September 27, 2023

The Federal Circuit did not release any opinions or orders this morning on its website.

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En Banc Activity

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit. Highlights include a petition for rehearing en banc filed in a patent case presenting questions related to patent eligibility, along with two denials of petitions in a patent case and a pro se case, respectively. Here are the details.

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Opinions

Opinions & Orders – September 26, 2023

The Federal Circuit did not release any opinions or orders this morning on its website.

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News

Recent News on the Federal Circuit

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:

  • an ABC News article discussing why Judge Newman “was barred from hearing cases for at least a year”;
  • a CBS News article discussing how Judge Newman “was suspended from hearing cases for one year after she refused to undergo medical examinations and turn over medical records”;
  • a Law 360 article highlighting how some are calling Judge Newman’s suspension “an unfortunate outcome in a difficult case”; and
  • an “Open Letter to Circuit Judges on the Court of Appeals for the Federal Circuit” authored by Randall R. Rader, former Chief Judge of the Federal Circuit.
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Opinions

Opinions & Orders – September 25, 2023

Today, the Federal Circuit released a nonprecedential opinion and a nonprecedential order. The opinion addresses an appeal in a patent case in which a district court found patent claims invalid as indefinite. The order denies a petition for writ of mandamus seeking to order a judge of the International Trade Commission to vacate an order preventing a witness from testifying. Here are the introductions to the opinion and the order.

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Opinions

Opinions & Orders – September 22, 2023

This morning, the Federal Circuit released a nonprecedential opinion addressing a patent infringement case appealed from a district court. Here is the introduction to the opinion.

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News

Recent News on the Federal Circuit

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:

  • an article from the Washington Post about Judge Newman’s suspension; and
  • a similar article from the New York Times discussing “[t]he order suspending Judge Newman for one year.”
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