FedCircuitBlog

This morning the Federal Circuit released one nonprecedential opinion and one nonprecedential order. The lone nonprecedential opinion comes in a government contract case on appeal from the Armed Services Board of Contract Appeals. The nonprecedential order dismisses an appeal from the Merit Systems Protection Board. Here is the introduction to the opinion and a link to the order.

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

• a piece discussing the difference in approaches regarding what constitutes “patentable subject matter” between the United States and the United Kingdom;
• a blog post reviewing Judge Newman’s “recently filed reply brief and the Federal Circuit’s recent hiring of adversarial experts against Judge Newman”;
• a blog post overviewing the Supreme Court’s 2024-2025 patent docket; and
• an article claiming that a recent decision by the Federal Circuit “makes clear that the [International Trade Commission]’s powerful import bans aren’t just available to major businesses.”

This morning the Federal Circuit released two nonprecedential opinions, one in a trademark case on appeal from the Trademark Trial and Appeal Board and another in an appeal from the Merit Systems Protection Board. 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. With respect to granted cases, there is no new activity to report. With respect to petitions, one new petition was filed in a patent case presenting questions related to enablement of prior art. The Court also received a brief in opposition in a patent case presenting a question related to the use of Federal Circuit Rule 36 in appeals from decisions of the Patent Trial and Appeal Board, a reply in support of a petition in a trade case, and an amicus brief in another patent case addressing alleged improper application of Federal Rule of Civil Procedure 56. Here are the details.

Last week, the Federal Circuit issued its opinion in US Synthetic Corp. v. International Trade Commission, a patent case we have been following because it attracted an amicus brief. In the opinion, the Federal Circuit reviewed a determination by the International Trade Commission that claims of a patent asserted by US Synthetic Corp. are patent ineligible and that certain intervening companies, who defend the ITC’s judgment in this appeal, failed to prove lack of enablement of those claims. In an opinion authored by Judge Chen that was joined by Judges Dyk and Stoll, the Federal Circuit reversed the part of the judgment related to eligibility, affirmed the part of the judgment related to enablement, and remanded the case to the ITC. This is our opinion summary.

This morning the Federal Circuit released three nonprecedential opinions. One comes in a government contract case on appeal from the Court of Federal Claims, one comes in a pro se veterans case on appeal from the Court of Appeals for Veterans Claims, and the other comes in an appeal from a decision of the Merit Systems Protection Board. Here are the introductions to the opinions.   

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Two new petitions have been filed. One raises questions related the substantial evidence standard for review of decisions of the Patent Trial and Appeal Board and the test for analogous art. The other raises a question related to after-arising technologies and the written description and enablement requirements. In addition, a response has been filed to a petition raising a question related to what patents must be listed in the Orange Book, along with three new amicus briefs supporting the petition in that same case. Here are the details.

This morning the Federal Circuit released four nonprecedential opinions and one nonprecedential order. Of the nonprecedential opinions, two come in veterans cases, one comes in a case on appeal from the Merit Systems Protection Board, and one comes in a patent case on appeal from the Patent Trial and Appeal Board. The lone nonprecedential order dismisses an appeal. Here are the introductions to the opinions and a link to the order.  

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

• an article predicting that Howard Lutnick will “soon be confirmed by the Senate to be the next Secretary of Commerce”;
• a piece discussing how several companies filed an amicus brief challenging jury instructions in a Texas case, telling the Federal Circuit the instructions “‘lower the standard for patent eligibility’”;
• a blog post analyzing how the Federal Circuit “has reversed a controversial . . . decision that had invalidated composition of matter claims as abstract ideas”; and
• a report covering how “MSN Laboratories Pvt. Ltd. urged the Federal Circuit to reconsider a three-judge panel’s January ruling that revived a patent for Novartis AG’s blockbuster heart-disease drug Entresto.”

This morning on its website the Federal Circuit released only one nonprecedential order dismissing a case. Here is a link to it.