FedCircuitBlog

Yesterday, the Federal Circuit held an en banc session to hear oral argument in Arellano v. Tran. In this case, the court is considering the availability of equitable tolling in the context of a statutory provision addressing veterans who request disability benefits by filing an application within one year from the date of the their discharge or release. This is our argument recap.

This morning the Federal Circuit issued two precedential opinions in government contract cases. Additionally, the court issued two nonprecedential opinions in patent cases. Finally, the court issued three Rule 36 judgments. Here are the introductions to the opinions and links to the Rule 36 judgments.

This morning, the Federal Circuit issued four nonprecedential opinions: one in a veterans case, a second in a case appealed from the Merit Systems Protection Board, and a third in a case dismissed for a lack of jurisdiction by the Court of Federal Claims. The Federal Circuit also issued four Rule 36 judgments. Here are the introductions to the opinions and links to the Rule 36 judgments.

Here is an update on recent en banc activity at the Federal Circuit. The en banc court will hear oral argument tomorrow in a veterans case. As for patent cases, highlights include new petitions questions related to inter partes review, enablement, and eligible subject matter; a new response to a petition raising questions related to the intersection of inducement of infringement and Hatch-Waxman; and the denial of three petitions raising questions related to eligible subject matter, enablement, the intersection of venue and Hatch-Waxman, and the presumption of validity. Here are the details.

This morning, the Federal Circuit issued one nonprecedential opinion in a veterans case and one nonprecedential opinion in an appeal from the Merit Systems Protection Board. Additionally, the court issued one nonprecedential order denying petition for a writ of mandamus. Here are the introductions to the opinions and the text from the order.

Late yesterday the Federal Circuit granted a petition for a writ of mandamus related to a transfer motion filed in the Western District of Texas in a patent case. Notably, the Federal Circuit found that “the district court’s handling of the transfer motion up until this point in the case has amounted to egregious delay and blatant disregard for precedent.” As a result, the Federal Circuit ordered the district court to “stay all proceedings concerning the substantive issues in the case until such time that it has issued a ruling on the transfer motion capable of providing meaningful appellate review of the reasons for its decision.” Presumably the Federal Circuit issued the order late yesterday given that the district court had scheduled a hearing on the transfer motion for this morning. But, according to yesterday’s order, the district court scheduled that hearing only after the Federal Circuit ordered the filing of a response to the petition by yesterday. Here is the text of yesterday’s order.

This morning, the Federal Circuit issued a precedential opinion in a patent case, finding that the Patent Trial and Appeal Board erred by invalidating a claim for anticipation when the relevant petition asserted only obviousness. The court also issued a nonprecedential opinion in another patent case affirming PTAB findings of obviousness. Finally, the court issued two Rule 36 judgments. Here are the introductions to the opinions and links to the Rule 36 judgments.

This week is Court Week at the Federal Circuit.  As in the past several months, the court will hear all of its oral arguments telephonically given the coronavirus pandemic. The court will convene 14 panels to consider about 66 cases. Of these 66 cases, the court will hear oral arguments in 34. Of the argued cases, only one–Arellano v. Tran, an en banc veterans case–attracted amicus briefs. Here’s what you need to know about this case.

Late this afternoon the Federal Circuit announced that all telephonic hearings will proceed as scheduled next week, regardless of any inclement weather. Here is the text of the court’s announcement.

Today, the Federal Circuit Clerk’s Office provided a notice advising the public that, while in-person filings are now available, the court encourages the filing of paper documents through the U.S. Postal Service. Here is the text of today’s announcement.