FedCircuitBlog

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

• a blog post about “an appellate court ruling that many believe will be very damaging to the United States’ life sciences innovation sector”;
• an article about how “US Patent and Trademark Office rules for reducing the term of a patent survived a challenge at the Federal Circuit”; and
• another article about the Federal Circuit recently “affirmed the constitutionality of the [manner of appointment of the] Merit Systems Protection Board’s administrative judges.”

On November 1, the Federal Circuit heard oral argument in Secretary of Defense v. Raytheon Co., a government contract case that attracted an amicus brief. In this case, the government appeals a decision of the Armed Services Board of Contract Appeals relating to Raytheon’s compliance with Federal Acquisition Regulations regarding whether lobbying and acquisition and divesture costs may be passed on to the government. The panel hearing the oral argument included Chief Judge Moore and Judges Prost and Taranto. This is our argument recap.

This morning the Federal Circuit released a precedential opinion in a patent case appealed from the Patent Trial and Appeal Board. In this opinion, the Federal Circuit affirmed the Board’s final written decisions determining that some but not all of the challenged claims were not unpatentable. The Federal Circuit also released a nonprecedential opinion in a veterans case appealed from the Court of Appeals for Veterans Claims, two nonprecedential orders, and a Rule 36 judgment. The first order summarily affirms, and the second grants an unopposed motion to dismiss a petition for a writ of mandamus. Here is the introduction to the opinions, text from the summary affirmance, and links to the order granting dismissal and the Rule 36 judgment.

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

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

• a blog post about a Federal Circuit opinion that found a “Scheduling Order . . . went too far in mandating additional substantive discovery and re-briefing” in light of a pending motion to transfer;
• an article about “[t]he fourth round of a multibillion-dollar dispute between Intel and VLSI”; and
• another blog post about how Amgen Inc. v. Sanofi, Aventisub LLC “has the potential of shaking up [patent law’s] disclosure doctrine.”

This morning the Federal Circuit released a nonprecedential opinion in a patent case appealed from the Patent Trial and Appeal Board. Late yesterday and this morning, the Federal Circuit also released two nonprecedential orders. One dismisses an appeal, and one transfers an appeal to the Western District of New York. Here is the introduction to the opinion, text from the order, and a link to the dismissal.

Yesterday, the Federal Circuit announced that the court no longer requires masks to be worn in the National Courts Building and connected buildings. Chief Judge Moore, along with the Chief Judge of the Court of Federal Claims, issued a joint order that, among other things, rescinds their most recent order regarding health protocols. Here is the full text of yesterday’s order.

Last week, the Federal Circuit heard oral argument in Ideker Farms, Inc. v. United States, a case that concerns the federal government’s liability for taking private property. Specifically, in this case, the Federal Circuit is reviewing the conclusion of the Court of Federal Claims that the government’s action was the cause-in-fact of flooding damage and that, as a result, a taking-by-flooding occurred. The government appealed the CFC’s judgment, while Ideker Farms cross-appealed. The panel hearing the oral argument included Chief Judge Moore and Judges Prost and Taranto. This is our argument recap.

This morning the Federal Circuit released two precedential opinions. The first comes in a patent case appealed from the District of Massachusetts. In this opinion, the Federal Circuit affirms the district court’s preliminary injunction order. The second comes in a case appealed from the Merit Systems Protection Board. In this opinion, the Federal Circuit affirms the Board’s removal of an employee of the Department of Defense. The Federal Circuit also released three nonprecedential opinions. The first and second come in veterans cases appealed from the Court of Appeals for Veterans Claims, and the third comes in a case appealed from the Merit Systems Protection Board. Finally, the Federal Circuit released a Rule 36 judgment and two nonprecedential orders. One of these orders summarily affirms, and one dismisses an appeal. Here are the introductions to the opinions, text from the summary affirmance, and links to the dismissal and Rule 36 judgment.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. Last Friday, the Court granted the petition for certiorari in Amgen Inc. v. Sanofi, Aventisub LLC, a patent case regarding the enablement requirement. In addition, one new petition was filed with the Court in a pro se case; the government waived its right to respond in two other pro se cases; and the Court denied two petitions: one in a veterans case and one in a patent case. Notably, Justice Gorsuch filed an opinion dissenting from the decision to deny review in the veterans case. Here are the details.