FedCircuitBlog

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. Currently, with respect to the Supreme Court’s October 2021 term, the Court has not granted any petitions in cases decided by the Federal Circuit. As for pending petitions, since our last update one new petition was filed in a patent case asking a question related to inter partes review, and the Court requested a response in another patent case involving inter partes review. Here are the details.

This morning the Federal Circuit issued a precedential opinion in a government contract case, a nonprecedential opinion affirming the denial of a Rule 60(b) motion, and a nonprecedential opinion in a veterans case. The court also issued three nonprecedential orders, including two orders in patent cases denying petitions for writs of mandamus seeking to order the Western District of Texas to transfer the underlying cases. Here are the introductions to the opinions and orders.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court invited a response to a petition concerning patent eligibility. Additionally, the court denied a petition concerning means-plus-function claim limitations. Lastly, the court granted a motion to withdraw a petition concerning the extent of estoppel in claim construction. Here are the details.

This morning the Federal Circuit issued two precedential opinions, one affirming a district court’s motion to dismiss for improper venue and another dismissing a case for lack of jurisdiction. The court also issued two nonprecedential opinions, one affirming a decision by the Merit Systems Protection Board to dismiss for lack of jurisdiction and another affirming a decision by the Court of Appeals for Veterans Claims for lack of jurisdiction. Here are the introductions to the opinions.

How J.E.M. and Chakrabarty Make the Case for DABUS – Kirk Hartung wrote an article for IPWatchDog about J.E.M. Ag Supply, Inc., v. Pioneer Hi-Bred International, Inc. and Diamond v. Chakrabarty, discussing their impact on patent protection with resect to inventions created using artificial intelligence.

Teva to Defend Ruling Allowing Narcan Generic at Federal Circuit – Perry Cooper posted an article on BloombergLaw reporting that a three-judge panel of the Federal Circuit will consider an appeal in Adapt Pharma Operations v. Teva Pharm. USA, Inc. and if the decision is upheld, “[Narcan] generics can come to market 15 years sooner.”

Apple Asks SCOTUS to Hear Inter Partes Review Appeal – In an article on LawStreetMedia, Christina Tabacco writes about a case involving Apple and Optis Cellular Technology LLC, Optis Wireless Technology, LLC, and Unwired Planet International Limited.

This morning the Federal Circuit issued a precedential opinion in a patent infringement case, affirming a denial of a motion to dismiss for lack of standing over a dissent by Judge Newman. The court also issued a nonprecedential order granting a petition for a writ of mandamus directing the Western District of Texas to transfer a case to the Central District of California. Here are the introductions to the opinion and order.

This week is Court Week at the Federal Circuit, with hearings starting this morning. This month the Federal Circuit is again providing access to live audio of each panel scheduled for argument via the Federal Circuit’s YouTube channel. In total, the court will convene five panels to consider about 23 cases. Of these 23 cases, the court will hear oral arguments in 17. Of the argued cases, four attracted amicus briefs. All four are Tucker Act cases presenting the same issues. Indeed, the court consolidated the cases, and they will be argued at same time with 40 minutes of argument allocated to each side. Here’s what you need to know about these four cases.

This afternoon the Federal Circuit announced revised restrictions on access to the National Courts Building, restrictions that will be effective tomorrow through August 31. Here is the text of today’s announcement.

Four cases that attracted amicus briefs are being argued at the Federal Circuit next week: Arrowood Indemnity Co. v. United States, Cacciapalle v. United States, Owl Creek Asia I, L.P. v. United States, Fairholme Funds, Inc. v. United States. In these cases, the plaintiffs asserted claims at the Court of Federal Claims based on government actions related to the 2008 financial crisis and ownership of shares of Fannie Mae and Freddie Mac. As explained by the Court of Federal Claims in one of the cases, the “plaintiffs seek the return of money illegally exacted, damages for breach of contract and breach of fiduciary duty, and compensation for a taking pursuant to the Fifth Amendment to the United States Constitution.” The Court of Federal Claims, however, dismissed these claims, finding it “lacks jurisdiction to entertain their fiduciary duty and implied-in-fact-contract claims, and plaintiffs lack standing to pursue any of their claims.” The plaintiffs have now appealed to the Federal Circuit, challenging the lower court’s holdings. The Federal Circuit consolidated these cases for purposes of oral argument. Here is our argument preview.

This morning the Federal Circuit issued a precedential opinion invalidating three regulations issued by the Department of Veterans Affairs as inconsistent with the text of the Veterans Appeals Improvement and Modernization Act. Here is the introduction to the opinion.