FedCircuitBlog

Late yesterday and today the Federal Circuit released one precedential and two nonprecedential opinions. All come in patent cases. The precedential opinion affirms a district court’s decision to delist patents from the Orange Book because the patents “contain no claim for the active ingredient at issue” but instead “are directed to components of a metered inhaler device.” The nonprecedential opinions affirm a judgment of patent infringement and damages by a district court and affirm a judgment of invalidity by the Patent Trial and Appeal Board. The Federal Circuit also released three nonprecedential orders dismissing appeals. Here are the introductions to the opinions and links to the dismissals.

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

• a piece highlighting “[t]his year’s notable patent decisions from the Federal Circuit”; 
• a post discussing “several U.S. Court of Appeals for the Federal Circuit and Supreme Court decisions that are likely to have lasting impacts” on the U.S. Patent and Trademark Office; and
• an article discussing how the Federal Circuit “slashed the Municipality of Anchorage’s initially-awarded $367.4 million to a little more than $11 million.” 

This morning the Federal Circuit released three nonprecedential opinions and six nonprecedential orders. The first opinion comes in a patent case appealed from a district court. Notably, Judge Bryson concurred in part and dissented in part. The other two opinions come in veterans cases. One of the orders comes in a pro se appeal, while all the other orders dismiss cases. Here are the introductions to the opinions and first order and links to the dismissals.

This morning the Federal Circuit released a precedential opinion in a patent case along with three nonprecedential opinions. The precedential patent opinion addresses divided infringement and principles of vicarious liability. The first nonprecedential opinion comes in a takings case, while the other two come in pro se cases. The court also released two nonprecedential orders dismissing appeals. Here are the introductions to the opinions and a link to the dismissal.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Since our last update, in the only pending en banc patent case, which presents a question concerning a district court’s responsibility to scrutinize a patentee’s reliance on supposedly comparable licenses, the opening en banc brief was filed, the Federal Circuit issued an order indicating parts of the opening brief went beyond the scope of en banc rehearing, and five new amicus briefs were filed. Additionally, a new petition was filed raising questions related to reliance on expert testimony in applying the doctrine of equivalents. Finally, the court denied two petitions raising questions regarding the written description requirement, obvious-type double patenting, and attorney fees. Here are the details.

This morning the Federal Circuit released a precedential opinion in a government contract case that includes takings arguments and three nonprecedential orders dismissing appeals. Here is the introduction to the opinion and links to the dismissals.

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

• a report covering how Judge “Newman is appealing her suspension and has also filed a motion to unseal documents related to an investigation which ultimately led to her being temporarily removed from the bench”;
• an article highlighting how Judge Newman “continues to fight against a suspension from the bench that was handed over to her by colleagues who believe she is ‘mentally unfit’”;
• an article describing how “[t]wo key amicus briefs were filed on Thursday, December 12, backing Judge Pauline Newman’s appeal to the U.S. Court of Appeals for the District of Columbia Circuit from the dismissal of her case against the Chief Judge of the U.S. Court of Appeals for the Federal Circuit (CAFC)”; and
• an article discussing how in a recent amicus brief “six retired judges argued” that “the Federal Circuit circumvented the US Senate and dealt a blow to the independence of all federal judges when it suspended 97-year-old Judge Pauline Newman.”

This morning the Federal Circuit released four precedential opinions, one nonprecedential opinion, and one nonprecedential order. The first two precedential opinions come in government contract cases, the third is a patent case, and the fourth is an appeal from the Court of Federal Claims in a case involving an application for correction of military records. The nonprecedential opinion comes in a veterans case. The nonprecedential order is a dismissal. Here are the introductions to the opinions and a link to the dismissal.

This morning the Federal Circuit a precedential opinion in a trade case, three nonprecedential opinions in pro se cases, and a nonprecedential order dismissing an appeal. Here are the introductions to the opinions and a link to the dismissal.

This morning the Federal Circuit released a nonprecedential opinion affirming a judgment of the Court of Federal Claims in a pro se case. The Federal Circuit also released a summary affirmance under Rule 36. Here is the introduction to the opinion and a link to the Rule 36 judgment.