Argument Recap / Panel Activity

Argument Recap – Doyon v. United States

Earlier this month, the Federal Circuit heard oral argument in 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 modify his discharge records. Three amicus briefs were filed by veterans organizations in support of Doyon. This is our argument recap.

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Opinions

Opinions & Orders – July 22, 2022

This morning the Federal Circuit released a nonprecedential opinion in a patent case appealed from the Patent Trial and Appeal Board; a nonprecedential opinion in a case appealed from the Court of Federal Claims; and a nonprecedential opinion in a veterans case appealed from the Court of Appeals for Veterans Claims. The court also released a nonprecedential order dismissing a case for failure to file an appeal brief. Here are the introductions to the opinions and text from the order.

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Federal Circuit Announcement

Federal Circuit Releases Notice of Modification to Its Internal Operating Procedures

This morning the Federal Circuit announced that it had modified the court’s Internal Operating Procedures. The court characterized the change as “a minor stylistic alteration.” Here is the full text of the announcement.

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News

Recent News on the Federal Circuit

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

  • an article discussing the Federal Circuit’s “‘most restrictive patent eligibility decision yet’”;
  • another article examining “the most notable trademark decisions so far this year”; and
  • a third article addressing how the Federal Circuit recently found that “substantial evidence supported [a] district court’s finding of anticipation” in a patent case.
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Opinions

Opinions & Orders – July 21, 2022

This morning the Federal Circuit released a nonprecedential opinion in a pro se case appealed from the Court of Federal Claims. Here is the introduction to the opinion.

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Petitions / Supreme Court Activity

Recent Supreme Court Activity

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With regard to granted cases, the Secretary of Veterans Affairs filed its merits brief in Arellano v. McDonough. With respect to petitions, four new petitions were filed with the Court, one in a patent case, one in a case addressing the jurisdiction of the Federal Circuit, and two in pro se cases; seven amicus briefs were filed in support of the petitions in two patent cases addressing the written description requirement; and the Court dismissed a petition in another pro se case. Here are the details.

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Opinions

Opinions & Orders – July 20, 2022

This morning the Federal Circuit released three nonprecedential opinions in a patent and two veterans cases. Late yesterday and today the court also released three nonprecedential orders; two transfer appeals and one dismisses an appeal. Here are the introductions to the opinions and text from the orders.

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En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court invited a response to a petition raising a question related to the ability of a Federal Circuit panel to nullify or render advisory an earlier judgment of the court. The court also denied a petition raising questions related to transfers of cases. Here are the details.

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Opinions

Opinions & Orders – July 19, 2022

This morning the Federal Circuit released a nonprecedential opinion in a patent case appealed from the Patent Trial and Appeal Board. The Federal Circuit also released two nonprecedential orders dismissing appeals. Here is the introduction to the opinion and links to the dismissals.

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News

Recent News on the Federal Circuit

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

  • an article discussing the top patent cases to watch in the second half of 2022;
  • another article highlighting how a petition for a writ of certiorari claimed that a Federal Circuit decision “would upend the legal rules governing the modern prescription-drug marketplace”; and
  • a third article urging that the question of whether artificial intelligence can be an inventor under patent law “is one for Congress, not the courts, to address.”
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