FedCircuitBlog

This morning, the Federal Circuit released a nonprecedential order in a patent case denying a petition for a writ of mandamus seeking to order the Western District of Texas both to rule on a pending motion to transfer and to stay all other proceedings until that motion is resolved. The Federal Circuit also released five Rule 36 judgments. Here is text from the order and links to the Rule 36 judgments.

This morning, the Federal Circuit issued four nonprecedential opinions: two in veterans cases both dismissed for lack of jurisdiction, one in a patent case, and one in a case appealed from the Merit Systems Protection Board. The court also issued four Rule 36 judgments. Here are the introductions to the opinions and links to the Rule 36 judgments.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received a new response to a petition raising questions related to claim construction and the doctrine of equivalents, and the court denied two petitions raising questions related to claim construction, eligible subject matter, and deference to the Patent Trial and Appeal Board. Here are the details.

This morning, the Federal Circuit released a precedential opinion dismissing an appeal from the Patent Trial and Appeal Board for a lack of standing. The court also released a nonprecedential opinion in a case appealed from the Merit Systems Protection Board as well as a Rule 36 judgment. Here are the introductions to the opinions and a link to the Rule 36 judgment.

Last week we hosted an online symposium, “Year in Review–The Federal Circuit in 2020,” reviewing important opinions of the Federal Circuit from 2020. Seven authors published six blog posts addressing various cases within the Federal Circuit’s exclusive jurisdiction: trade, patent, Tucker Act, federal employment, and veterans law cases. Here, we wrap up our online symposium by linking to and highlighting the focus of each contribution.

This morning, the Federal Circuit issued a precedential opinion in a patent case affirming a judgment of noninfringement. Additionally, the court issued two Rule 36 judgments. The introduction to the opinion and links to the Rule 36 judgments can be found here.

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

This morning the Supreme Court reversed the Federal Circuit’s finding of copyright fair use in Google LLC v. Oracle America, Inc. Justice Breyer authored the Court’s majority opinion, which Chief Justice Roberts and Justices Sotomayor, Kagan, Kavanaugh, and Gorsuch joined. Justice Thomas authored a dissenting opinion, which Justice Alito joined. Justice Barrett did not participate in the case. Here are the introductions to the majority and dissenting opinions.

This week is Court Week at the Federal Circuit. As in the past several months, the court will hear its oral arguments telephonically given the coronavirus pandemic. Notably, however, this month the Federal Circuit is providing access to live audio of each panel scheduled for argument via the Federal Circuit’s YouTube channel rather than via telephone conference calls as in past months. In total, the court will convene 16 panels to consider about 61 cases. Of these 61 cases, the court will hear oral arguments in 41. Of the argued cases, two attracted amicus briefs: one a veterans case and one a patent case. Here’s what you need to know about these two cases.

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