FedCircuitBlog

This morning, the Federal Circuit announced another extension of access restrictions to the National Courts Building, this one lasting until May 31, due to the ongoing COVID-19 pandemic. Here is the text of this morning’s announcement.

This morning, the Federal Circuit released a precedential opinion in a trade case affirming the Court of International Trade’s determination of duty-free treatment of the active ingredient in a medication for the treatment of the human immunodeficiency virus (“HIV”), a nonprecedential opinion in a patent case affirming a dismissal for lack of eligibility, a nonprecedential order unsealing the trade opinion, and an erratum. Here are are the introductions to the opinions, text from the order, and link to the erratum.

Here is an update on recent en banc activity at the Federal Circuit. The court received two new petitions for rehearing en banc: one in a patent case raising a question related to the doctrine of equivalents, and one in a pro se case. Here are the details.

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

On Monday, the White House announced that President Biden officially transmitted to the United States Senate the nomination of Tiffany P. Cunningham to become a Circuit Judge of the Federal Circuit. The Senate, in turn, referred the nomination to its Committee on the Judiciary.

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

Update (April 21, 2021 at 3:30 pm):

The Federal Circuit issued a revised announcement changing only the date of Judge Moore’s succession, from May 21 to May 22.

Original Post:

This afternoon the Federal Circuit announced that one month from today, on May 21, 2021, Judge Moore will succeed Judge Prost as the Chief Judge of the Federal Circuit. The court highlighted that Judge Prost will continue to serve the court as an active judge following the conclusion of her term as Chief Judge. Notably, Judge Prost has served as the court’s Chief Judge since May 31, 2014, and so she will step down from her position as Chief Judge ten days short of the full seven-year term allowed by statute. Here is the text of today’s announcement, which includes a link to a more full description of the transition.

This morning the Federal Circuit issued a modified precedential order granting a motion to substitute a successor-in-interest in an appeal of an inter partes reexamination of a design patent. Compared to the original order, the modified order differs primarily in that Judge Dyk modified parts of the original order and Judge O’Malley now dissents from the grant of the motion. Here is the introduction to the modified order and the text of Judge O’Malley’s dissent.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received and invited a response to a new petition raising questions related to enablement. The court also denied three petitions raising questions related definiteness, intervening rights, willfulness, unclean hands, claim construction, and the doctrine of equivalents. Here are the details.

This morning the Federal Circuit released a nonprecedential opinion in a takings case and two nonprecedential opinions in patent cases, one affirming the Patent Trial and Appeal Board and another dismissing an appeal for lack of constitutional standing. The court also issued a nonprecedential order granting a petition for a writ of mandamus ordering the Western District of Texas to transfer a patent infringement case. Notably, this order marked the second grant of mandamus against the Western District of Texas in the same case. The first grant of mandamus required the Western District of Texas to rule on a long-pending motion to transfer, while this second grant of mandamus requires the Western District of Texas to transfer the case.