FedCircuitBlog

This morning the Federal Circuit released one precedential opinion, three nonprecedential opinions, eight nonprecedential orders, and one Rule 36 summary affirmance. The precedential opinion comes in a patent case appealed from the Patent Trial and Appeal Board. The nonprecedential opinions come in two patent cases and one pro se case. Of the nonprecedential orders, one grants a motion for summary judgment; three transfer cases; and four dismiss appeals. Here are the introductions to the opinions and orders and a link to the summary affirmance.

Last week the Federal Circuit heard oral argument in HMTX Industries LLC v. United States, a case we have been tracking because it attracted four amicus briefs. In this case, HMTX appeals a judgment by the Court of International Trade, which upheld the U.S. Trade Representative’s tariffs on Chinese goods. HMTX alleged USTR’s tariffs “on hundreds of billions of dollars of imported Chinese goods are ultra vires and procedurally infirm.” This is our argument recap.

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

• a news alert suggesting decisions by the Supreme Court and Federal Circuit “have called into question the validity of broad antibody patent claims, leading some commentators to declare the death of the antibody genus claim;”
• a blog post indicating the Federal Circuit “issued a notable opinion on federal preemption of state law conversion (theft) claims and correction of inventorship;”
• a report highlighting how the Supreme Court “rejected a case asking the justices to interpret a patent-infringement safe-harbor provision in a federal statute ‘solely for uses reasonably related’ to the process [for] winning government approval of a drug or medical device;” and
• an article reporting how an “import ban on Roku Inc. streaming devices will stand after the U.S. Supreme Court turned away its challenge to the U.S. International Trade Commission’s finding Universal Electronics Inc. met the agency’s domestic-industry requirement with patented software.”

This morning the Federal Circuit released one precedential opinion, three nonprecedential opinions, two nonprecedential orders, and one Rule 36 summary affirmance. The precedential opinion comes in a patent case appealed from the District of Delaware. The nonprecedential opinions come in two patent cases and one pro se case. Of the nonprecedential orders, one grants an unopposed motion by the U.S. Patent and Trademark Office to remand a case back to the Patent Trial and Appeal Board, while the other similarly grants a motion by the government to remand a case back to the Merit Systems Protection Board. Here are the introductions to the opinions and orders and a link to the summary affirmance.

Last week, the Federal Circuit heard oral argument in Dinh v. United States, a takings case that attracted an amicus brief. In this, the Federal Circuit is reviewing a dismissal by the Court of Federal Claims of a takings claim. That court held that, because congressional action did not explicitly devalue certain bonds or require transferring funds to repay the bonds to the Puerto Rican government, there was no taking. Chief Judge Moore, Judge Stoll, and Judge Gilstrap (sitting by designation from the Eastern District of Texas) heard the oral argument. This is our argument recap.

This morning the Federal Circuit released one precedential opinion, two nonprecedential opinions, and four nonprecedential orders. The precedential opinion comes in a patent case appealed from the District of Delaware. The nonprecedential opinions come in two pro se cases, one of which is a patent case. Of the nonprecedential orders, one summarily affirms a judgment of the Court of Federal Claims, which dismissed a complaint; one transfer a case; and two dismiss appeals. Here are the introductions to the opinions and links to the orders.

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

• an article covering how Judge Pauline Newman is “pushing back” against her suspension from the bench over claims she is unfit for duty;
• a report that “[t]he D.C. Circuit doesn’t have the authority to unseal documents related to the Federal Circuit’s suspension of Judge Pauline Newman”;
• a piece highlighting “numerous interesting, precedential decisions from the Federal Circuit on a range of patent issues” in the second half of 2024; and
• an article providing “a statistical review of the U.S. Court of Appeals for the Federal Circuit’s decisions in patent cases during calendar year 2024.”

The Federal Circuit did not release any opinions or orders on its website today its previous announcement that it would be closed today given the National Day of Mourning for President Carter.

This morning the Federal Circuit released two nonprecedential opinions in pro se cases. Here are the introductions to the opinions.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Since our last update, the court received a petition raising a question regarding claim construction, and the court denied a petition raising questions regarding reliance on expert testimony in applying the doctrine of equivalents. Here are the details.