News

Recent News on the Federal Circuit

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 “U.S. Circuit Judge Pauline Newman asked a Washington, D.C., federal court on Friday to reject a bid from her fellow judges on the U.S. Court of Appeals for the Federal Circuit to end her lawsuit over their decision to suspend her from the bench”; and
  • a similar article about how Judge Newman “argued in her opposition brief that the Judicial Conduct and Disability Act violates the constitution.”
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Opinions

Opinions & Orders – April 8, 2024

This morning, the Federal Circuit released one precedential opinion, six nonprecedential opinions, three dismissals, and two Rule 36 summary affirmances. The precedential opinion addresses an appeal from a dismissal by the Court of International Trade for lack of subject matter jurisdiction. Three of the nonprecedential opinions dismiss appeals from the Court of Appeals for Veterans Claims—two for lack of jurisdiction and one for lack of a final judgment. Another two of the nonprecedential opinions affirm judgments of the Merit Systems Protection Board. The last nonprecedential opinion addresses an appeal and cross-appeal from a judgment of the International Trade Commission, which found that a collection of imported products infringed certain patents, but also found certain redesigns not to infringe. Here are the introductions to the opinions and links to the dismissals and summary affirmances.

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Opinions

Opinions & Orders – April 5, 2024

This morning, the Federal Circuit released two nonprecedential opinions and seven Rule 36 summary affirmances. One of the opinions addresses an appeal from a judgment of the Patent Trial and Appeal Board. The other opinion addresses an appeal from a judgment of the Court of Federal Claims. Here are the introductions to the opinions and links to the summary affirmances.

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News

Recent News on the Federal Circuit

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

  • an article about how the “Federal Circuit was thrown for a loop Wednesday in a case that asked whether the holder of an exclusive patent license could sue for infringement another company that could have acquired a license for the same patent by other means”; and
  • an article discussing how the “U.S. Supreme Court . . . dismissed a petition asking the Court to revisit and clarify its seminal holding in Alice v. CLS Bank.”
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Opinions

Opinions & Orders – April 4, 2024

This morning, the Federal Circuit released two precedential opinions, one nonprecedential opinion, one Rule 36 summary affirmance, and one nonprecedential order. One of the two precedential opinions affirms a summary judgment by a district court in a patent case. The other precedential opinion resolves an appeal from a judgment of the United States Court of International Trade. The nonprecedential opinion addresses an appeal from a judgment of the Merit Systems Protection Board. Finally, the order denies a petition for writ of mandamus seeking to order the Western District of Texas to transfer a case to the Northern District of California. Here are the introductions to the opinions, selected text from the order, and a link to the summary affirmance.

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Petitions / Supreme Court Activity

Recent Supreme Court Activity

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, the Supreme Court heard arguments last week in a case originating at the Merit Systems Protection Board, Harrow v. Department of Defense. While no new petitions were filed with the Court, a waiver of right to respond was filed in a pro se case and two reply briefs were filed in a patent case and in a veterans case. Additionally, the Court denied petitions in a patent case and a pro se case. Here are the details.

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Opinions

Opinions & Orders – April 3, 2024

This morning, the Federal Circuit released four nonprecedential opinions, one nonprecedential order, and six Rule 36 summary affirmances. One of the opinions addresses an appeal challenging several orders of a district court in a patent case. Another of the opinions challenges a final written decision of the Patent Trial and Appeal Board in an inter partes review proceeding. The other two opinions address appeals from judgments of the Merit Systems Protection Board and the Court of Appeals for Veterans Claims. The nonprecedential order denies a petition for writ of mandamus seeking to direct the Trademark Trial and Appeal Board to vacate an order staying proceedings. Here are the introductions to the opinions, selected text from the order, and links to the summary affirmances.

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En Banc Activity

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit. Highlights include four denials of petitions for rehearing en banc in patent cases concerning questions of patent eligibility, printed publications, and inter partes review. Here are the details.

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Opinions

Opinions & Orders – April 2, 2024

This morning, the Federal Circuit released two nonprecedential opinions, three nonprecedential orders, and one Rule 36 summary affirmance. Both of the opinions address appeals from judgments of the Merit Systems Protection Board. The orders are dismissals. Here are the introductions to the opinions and links to the dismissals and summary affirmance.

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Recent News on the Federal Circuit

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

  • an article about how the “Federal Circuit on Friday appeared unlikely to overturn an injunction removing from the market a NeoGenomics Laboratories Inc. cancer screening test due to a pair of Natera Inc. patents”;
  • an article highlighting a Federal Circuit ruling that, “though marked non-precedential, arguably expands the application of the abstract idea exception to patentability under 35 U.S.C. §101 for blockchain technologies even when those patents are claiming the use of specialized, non-generic computer hardware”; and
  • an article discussing the Federal Circuit’s holding “that a California federal judge wasn’t wrong to deny an injunction request after declaring that a ‘substantial question of validity’ had been raised over a patent covering a way of testing the durability of a heart valve.”
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