This morning, the Federal Circuit issued a nonprecedential opinion in a trademark case and a nonprecedential opinion in a patent case. Here are the introductions to the opinions.
Opinion Summary – In re VoIP-Pal.com, Inc.
Last week, the Federal Circuit decided In re VoIP-Pal.com, Inc., a patent case we have been tracking because it attracted an amicus brief. Judge Moore authored a unanimous panel opinion denying VoIP-Pal’s petition for a writ of mandamus. The panel found that the district court did not clearly abuse its discretion by declining to dismiss the case based on the first-to-file rule. This is our opinion summary.
Opinions & Orders – February 22, 2021
This morning, the Federal Circuit issued a precedential opinion in a patent case over a dissent from Judge Dyk, and also issued a nonprecedential opinion in a “Rails-to-Trails” takings case. Here are the introductions to the opinions.
Argument Preview – National Association of Manufacturers v. Department of the Treasury
This week we are previewing three cases on the Federal Circuit’s oral argument schedule next week that attracted amicus briefs. Today we highlight a tax case, National Association of Manufacturers v. Department of the Treasury. In this case, the Department of the Treasury appeals a decision by the U.S. Court of International Trade holding that regulations promulgated by the Treasury to curtail “double drawback” (two tax refunds for the same exported merchandise) are invalid. This is our argument preview.
Opinions & Orders – February 19, 2021
This morning, the Federal Circuit issued a precedential opinion in a patent case, a nonprecedential opinion in a government contracts case, and a nonprecedential opinion in a patent case. The court also issued a nonprecedential order in a patent case denying a petition for a writ of mandamus that would have directed the Northern District of California to vacate an order denying a motion to dismiss based on the first-to-file doctrine. Here are the introductions to the opinions.
Opinions & Orders – February 18, 2021
This morning, the Federal Circuit issued a precedential opinion in a patent case reversing in part and vacating in part a decision by the Patent Trial and Appeal Board. The court also issued a nonprecedential in another patent case, this time affirming the Patent Trial and Appeal Board. Here are the introductions to the opinions.
Federal Circuit Announces It is Inaccessible Today Due to Weather
This morning the Federal Circuit announced that due to weather it is inaccessible today and that nonelectronic filings due today will be deemed timely if received tomorrow. Here is the full text of today’s announcement.
Opinions & Orders – February 17, 2021
This morning, the Federal Circuit issued a precedential opinion in a veterans case. Here is the introduction to the opinion.
Opinions & Orders – February 16, 2021
This morning, the Federal Circuit issued one nonprecedential opinion in a patent case and one nonprecedential opinion in an international trade case. Here are the introductions to the opinions.
Recent En Banc Activity
Here is an update on recent en banc activity at the Federal Circuit. It has been a quiet week. Highlights include a second caption change in a veterans case pending before the en banc court, a grant of panel rehearing in a patent case raising a question concerning inducement of infringement in the context of Hatch-Waxman, and a denial of a petition in a patent case raising questions related to enablement and claim construction. Here are the details.