FedCircuitBlog

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted petitions, the petitioner filed his reply brief in Soto v. United States, a veterans case. With respect to pending petitions, one new petition was filed in a government contract case; a waiver of the right to respond was filed in a takings case; a brief in opposition was filed in a patent case; and an amicus brief was filed in the same takings case. In addition, the Court denied petitions in two patent cases and five pro se cases. Here are the details.

This morning, the Federal Circuit released one precedential opinion and five nonprecedential opinions. In the precedential opinion, the court reversed a decision of the Patent Trial and Appeal Board based on an incorrect interpretation of the patent statute in the context of determining what qualifies as prior art for use in an inter partes review proceeding. Of the nonprecedential opinions, one comes in a vaccine case, one in an international trade case, one in a patent case appealed from the Patent Trial and Appeal Board, and two in patent cases appealed from district courts. Notably, Judge Stark filed additional views in the international trade case, indicating potential disagreement with the court’s law governing differential pricing analyses, while Judge Prost filed a concurring opinion in the nonprecedential opinion reviewing a decision of the Patent Trial and Appeal Board. 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 related to patent eligibility. The court also issued an invitation for a response to a petition raising a question regarding Article III jurisdiction to adjudicate patent infringement when the relevant patent has already expired. The court has also recently denied two petitions. The first denied petition raised a question concerning whether an abandoned patent application that becomes publicly available only after a challenged patent’s critical date is a printed publication that can form the basis for an inter partes review proceeding. The second denied petition raised questions concerning expert testimony to prove infringement of a means plus function element, claim construction, and the reverse doctrine of equivalents. Here are the details.

This morning, the Federal Circuit released two precedential opinions, one nonprecedential opinion, one nonprecedential order, and an errata. Of the two precedential opinions, one comes in a government contract case and the other comes in a trade case. The lone nonprecedential opinion comes in a patent case on appeal from the Patent Trial and Appeal Board. And the lone nonprecedential order transfers a case. Here is are the introductions to the opinions and order as well as a link to the errata. 

This morning, the Federal Circuit announced that the Clerk’s Office and Circuit Library will be temporarily unavailable for public services and support for several hours on April 25. Here is the full text of the announcement.

Earlier this month, the Federal Circuit announced it has updated the calendar indicating when the court will hold hearings. Here is the full text of the announcement, with a link to the updated calendar.

This morning, the Federal Circuit released two precedential opinions, one nonprecedential opinion, and three nonprecedential orders. Both precedential opinions come in trade cases on appeal from the Court of International Trade. Notably, Judge Reyna dissented in both appeals. The lone nonprecedential opinion comes in a pro se case on appeal from the Merit Systems Protection Board. All three nonprecedential orders dismiss appeals. Here is 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 discussing how the U.S. Patent and Trademark Office “introduced new production goals for judges on the Patent Trial and Appeal Board, asking them to publish decisions on appeals of denied patent applications within 12 months and issue more rulings each month”;
• a report noting the Federal Circuit “dismissed a legal claim against the NFL’s New Orleans Saints from a man who says he is the ‘direct descendant of the Kings of France’ over the trademark of the flour-de-lis symbol”;
• a piece reporting that Jack Dorsey, co-founder of Twitter, posted on X “delete all IP law”;
• a blog post criticizing a recent Federal Circuit decision’s use of “the increasingly fictional construct at the center of patent law: the Person Having Ordinary Skill in the Art (PHOSITA)”; and
• an article covering how the Patent and Trademark Office recently “announced a new working group dedicated to broadening the Office’s efforts to mitigate common threats to the U.S. patent system.”

Late yesterday, the Federal Circuit released a nonprecedential order dismissing an appeal. This morning, the Federal Circuit released a precedential opinion in a patent case on appeal from the District of Delaware. Here is an introduction to the opinion and link to the order. 

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted petitions, oral argument in Soto v. United States will take place later this month. With respect to pending petitions, one new petition was filed in a patent case. The Court also received a waiver of the right to respond to the petition in that patent case, along with a reply brief in another patent case. Here are the details.