FedCircuitBlog

This morning the Federal Circuit released three nonprecedential opinions. The first comes in a case appealed from the Merit Systems Protection Board; the second in a veterans case appealed from the Court of Appeals for Veterans Claims; and the third in a patent case appealed from the District of Delaware. The Federal Circuit also released three Rule 36 judgments. Here are the introductions to the opinions and links to the Rule 36 judgments.

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 since our last update. With respect to petition cases, one new petition was filed in a patent case; a waiver of right to respond was filed in a case raising questions about procedure; a brief in opposition was submitted in another patent case; and the Court denied certiorari in two patent cases.

This morning the Federal Circuit released a precedential opinion in a trade case, affirming the Court of International Trade’s decision to sustain a Department of Commerce antidumping order. The Federal Circuit also released a nonprecedential opinion in a veterans case and a nonprecedential order granting an unopposed motion to dismiss an appeal. Here are the introductions to the opinions and text from 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 highlighting how, according to recent statistics, “[p]atent owners face a tougher road on appeal than accused defendants and patent challengers”;
• another article addressing how “Coca-Cola Co. saw its trademark tribunal win tossed by a Federal Circuit panel”; and
• a blog post discussing “[l]essons from [the] rejection of Apple’s cert petition against Qualcomm” in Apple Inc. v. Qualcomm Inc.

This week we are previewing oral arguments in two cases that attracted amicus briefs. Today we highlight Personalized Media Communications, LLC v. Apple, Inc. On appeal, Personalized Media Communications challenges a district court’s decision to overturn a jury verdict based on the equitable doctrine of prosecution latches. Personalized Media argues the district court committed legal error and abused its discretion in ruling that Personalized Media engaged in an “egregious misuse” of the patent system. This is our argument preview.

This morning the Federal Circuit released a nonprecedential opinion in a government contract case appealed from the Court of Federal Claims. Last Friday and this morning the Federal Circuit also released three nonprecedential orders. One grants a motion to transfer a case to the Northern District of Alabama; one dismisses an appeal for lack of jurisdiction; and one grants an unopposed motion to voluntarily dismiss an appeal. Here is the introduction to the opinion, text from the order, and links to the dismissals.

This week is Court Week at the Federal Circuit, with hearings starting today. The Federal Circuit is providing access to live audio of each panel scheduled for argument via the Federal Circuit’s YouTube channel. In total, the court will convene six panels to consider about 36 cases. Of these 36 cases, the court will hear oral arguments in 24. Of these argued cases, two attracted amicus briefs: one veterans case and one patent case. Here’s what you need to know about these two cases.

We are previewing oral arguments scheduled for this month at the Federal Circuit in two cases that attracted amicus briefs. Today we highlight Doyon v. United States, a case in which Doyon appeals a judgment by the Court of Federal Claims upholding a decision by the Board for the Correction of Naval Records to deny an application to correct discharge records. Three amicus briefs were filed by veterans organizations in support of Doyon. This is our argument preview.

The Federal Circuit did not release any opinions or orders today given the Independence Day holiday.

Here is this month’s update on activity in cases pending before panels of the Federal Circuit where the cases involve at least one amicus brief. We keep track of these cases in the “Other Cases” section of our blog. Today, with respect to these cases we highlight two opinions, one in patent case and one in a takings case; one new trade case; three oral argument recaps, two in to patent cases and one in a takings case; and two upcoming oral arguments. Here are the details.