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, two new petitions were filed in pro se cases; one waiver of the right to respond to a petition was filed in another pro se case; and one brief in opposition was filed in a patent case. Here are the details.
Pending Petitions
New Petitions
Since our last update, two new petitions have been filed in cases decided by the Federal Circuit.
Yomi v. Merit Systems Protection Board
In this pro se case, Yomi filed a petition asking the Court to review six questions.
Lopez v. United States
In this pro se case, Lopez filed a petition that presents three questions.
Waiver of the Right to Respond
Since our last update, one waiver of the right to respond to a petition was filed in Kammunkun v. Department of Defense, another pro se case.
Brief in Opposition
Since our last update, one brief in opposition was filed in Google LLC v. VirtaMove, Corp., a patent case. As a reminder, the petition in this case presented the following questions:
- “Whether the PTO lacks statutory authority to deny institution based on ‘settled expectations’ where the patent statutes allow for administrative review at any time during the life of a patent.”
- “Whether courts have power to review a PTO decision denying inter partes review on grounds that are contrary to statute.”
Now, in its brief in opposition, VirtaMove contends “Google asks this Court to deploy the extraordinary writ of mandamus to overturn a decision that Congress committed to the Patent Office’s discretion and expressly made ‘final and nonappealable.'” Furthermore, VirtaMove claims, “Google identifies no statutory text that the Director’s decision even arguably violates.”