FedCircuitBlog

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

• an article detailing the Federal Circuit’s grant of a petition for a writ of mandamus “[i]n its latest rebuke of Judge Alan Albright’s approach to motions to transfer cases out of his court”;
• another article focusing on how the Federal Circuit ruled that a “suit alleging that a Fujifilm subsidiary infringed its patent on an interface for digital mammography” may proceed;
• a blog post discussing how “[w]illful patent infringement can result in enhanced, and in some case treble, damages but not in every instance”; and
• another article noting that the Federal Circuit “affirmed the denial of a preliminary injunction that would have forced the accused infringer to seek dismissal of its petitions for inter partes review.”

This morning the Federal Circuit announced a new joint order with the Court of Federal Claims concerning access to the National Courts Building complex in Washington, D.C. This new order supersedes the court’s previous order dated July 31, 2021. Here is the text of today’s announcement.

This morning the Federal Circuit issued four nonprecedential opinions. Two come in patent cases appealed from the Patent Trial and Appeal Board and involving the same parties. One comes in an employment case appealed from the Merit Systems Protection Board. And one comes in a veterans case appealed from the Court of Appeals for Veterans Claims. The Federal Circuit also issued a nonprecedential order denying a petition for a writ of mandamus to direct the Eastern District of Texas to stay proceedings in a patent case. Here are the introductions to the opinions and order.

This week we are previewing three cases scheduled to be argued next week at the Federal Circuit that attracted amicus briefs. Today we highlight an Equal Access to Justice Act case, Monroe v. United States. In this case, the United States asks the Federal Circuit to overrule what it characterizes as an abuse of discretion by the trial court in awarding attorney’s fees and expenses to the plaintiff-appellee. This is our argument preview.

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

• a series of blog posts discussing “whether the Federal Circuit is an outlier among the circuit courts in its use of mandamus”;
• an article discussing how “patent owners must maximize their chances of success” before the Patent Trial and Appeal Board given the Federal Circuit’s affirmance rate; and
• another article detailing how “[a] group of steel importers made their latest bid to overturn Trump-era national security tariffs.”

This morning the Federal Circuit issued a nonprecedential order granting a petition for writ of mandamus directing the District Court for Western District of Texas to transfer a patent case. Here is the introduction to the order.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. For the first time during the Supreme Court’s current term, the Court granted certiorari in a case decided by the Federal Circuit, but notably it did so only to vacate the Federal Circuit’s judgment and remand the case for further consideration of an Appointments Clause challenge. As for still-pending petitions, since our last update a pro se party filed a petition. Additionally, a petitioner filed a reply in support of its petition, which raised two questions related to retroactive application of inter partes review and the Federal Circuit’s use of summary affirmances. Lastly, the Supreme Court denied two petitions: one filed by a pro se petitioner and one in a patent case raising an Appointments Clause challenge. Here are the details.

Next week, FedCircuitBlog, in conjunction with the Tsai Center for Law, Science and Innovation at SMU Dedman School of Law, will be hosting its third online symposium. Entitled “Patent Law and Institutional Choice,” this symposium will explore the latest major controversies, legal developments, and judicial decisions in the field of patent law through panel presentations and discussions with distinguished academics. In particular, the symposium will explore the institutional structure of the U.S. patent system and the roles of its institutions: the U.S. Congress; U.S. Patent and Trademark Office; federal district courts and juries; the U.S. Court of Appeals for the Federal Circuit; and the U.S. Supreme Court. Confronting critiques of this structure and these institutions, this symposium will consider how the U.S. patent system may be improved to further the innovation economy. After SMU hosts three online discussion panels on Friday, October 29, Fed Circuit Blog will later publish written contributions from each panelist. Here is more information on the symposium, including its topics and speakers and how to register to attend the online discussion panels.

This morning the Federal Circuit announced that it will be closed on Friday, November 26, following its closure for the Thanksgiving federal holiday on Thursday, November 25. Here is the text of today’s announcement.

This morning the Federal Circuit issued two nonprecedential opinions, one in a veterans case appealed from the Court of Appeals for Veterans Claims and one in a case concerning the jurisdiction of the Court of Federal Claims. Here are the introductions to the opinions.