FedCircuitBlog

This morning, the Federal Circuit released one precedential and one nonprecedential opinion. The precedential opinion comes in a veterans case appealed from the Court of Appeals for Veterans Claims. The nonprecedential opinion comes in a patent case appealed from the Eastern District of New York. Here are the introductions to the opinions.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. There are currently no cases pending before the Supreme Court that were previously decided by the Federal Circuit. As for pending petitions, since our last update, three new petitions were filed in a case addressing federal employment law and two pro se cases; waivers of the right to respond to petitions were filed in two other pro se cases; and three amicus briefs were filed in a patent case. Here are the details.

As we reported Monday, two cases being argued at the Federal Circuit in September attracted amicus briefs. One of these cases is Barron v. United States. In it, 54 plaintiffs appeal dismissals by the Court of Federal Claims of their takings claims. The appeal present questions related to railroad easements and the interpretation of condemnation decrees and deeds under Florida law. This is our argument preview.

Late yesterday, the Federal Circuit released two nonprecedential orders, one dismissing an appeal and the other dismissing a petition. This morning, the court released one precedential opinion, three nonprecedential opinions, and two nonprecedential orders dismissing appeals. All four opinions come in patent cases appealed from the Patent Trial and Appeal Board; three involve the same parties. Here are the introductions to the opinions as well as links to the orders.

Here is an update on recent en banc activity at the Federal Circuit. Highlights include two new briefs filed in the only pending en banc case, which relates to the President’s Article II removal powers. As for pending petitions, four new petitions were filed in cases raising questions relating to claim construction, appellate procedure, and petitions for inter partes review. The court also denied one petition raising issues regarding claim construction and appellate procedure. Here are the details.

This morning, the Federal Circuit released two nonprecedential orders dismissing petitions. Here are links to the dismissals.

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today we highlight:

• an article suggesting “Texas’ reputation as the nation’s top venue for patent disputes hasn’t faded”;
• an article arguing a recent Federal Circuit ruling related to patent marking “will complicate licensing talks” between patent owners and prospective licensees and “and give defendants a route to limit or escape damages in some cases”;
• a press release reporting how, “[o]n the eve of the 250th anniversary of Independence Day, in the nation’s capital, the Federal Circuit Center for Innovation and Law invited the public to the Justice Up Close, History All Around civics program”; and
• an article “ranking the Circuit Courts by importance.”

This morning, the Federal Circuit released five precedential opinions, three nonprecedential opinions, and one nonprecedential order. Two of the precedential opinions come in tax cases appealed from the Court of Federal Claims and address whether bilateral tax treaties relieve U.S. taxpayers from double taxation with respect to the net investment income tax. Two other precedential opinions come in patent cases, one appealed from the Eastern District of Texas and the other from the District of Delaware. The fifth precedential opinion comes in an appeal from a decision of the Merit Systems Protection Board. As for the nonprecedential opinions, two come in related patent cases appealed from the Patent Trial and Appeal Board involving the same parties, and the third comes in another patent case appealed from the Eastern District of Texas. The order dismisses an appeal from the Court of Federal Claims. Here are the introductions to the opinions and a link to the order.

Two cases being argued at the Federal Circuit in September attracted amicus briefs. One of these cases is Netlist, Inc. v. Samsung Electronics Co., a patent case. In this case, Netlist appeals a judgment of the Patent Trial and Appeal Board in an inter partes review, which invalidated a claim of a Netlist patent. This is our argument preview.

This morning, the Federal Circuit released two precedential opinions and two nonprecedential orders. Both opinions come in patent cases appealed from the Eastern District of Texas. One affirms a dismissal on both venue and eligibility grounds. The other finds the court lacks jurisdiction over a settlement agreement dispute and transfers the case to the Fifth Circuit. One of today’s orders effectuates the transfer, and the other lifts a stay and partially dismisses consolidated appeals from the Patent Trial and Appeal Board. Here are the introductions to the opinions along with links to the orders.