The Federal Circuit did not publish any opinions or orders this morning.
Opinions & Orders – October 15, 2020
This morning, the Federal Circuit issued one precedential opinion in a trade case, one precedential opinion in a patent case, and one nonprecedential opinion in an appeal from the Merit Systems Protection Board. Here are the introductions to the opinions.
Opinions & Orders – October 14, 2020
This morning, the Federal Circuit issued a precedential opinion in a patent case and a nonprecedential opinion denying permission for an interlocutory appeal. The Federal Circuit also issued three Rule 36 judgments. Here are the introductions to the opinions and links to the Rule 36 judgments.
Recent En Banc Activity
Here is an update on recent en banc activity at the Federal Circuit. The en banc court heard oral argument in a veterans case last week. As for petitions for en banc consideration in patent cases, a new petition was filed in a case raising questions related to literal infringement and claim construction; the court invited a response to a petition raising a question related to sanctions; and the court denied two petitions, one in a pro se case and one raising a question related to non-obviousness. Here are the details.
Opinions & Orders – October 13, 2020
This morning the Federal Circuit issued a precedential opinion in a patent case and a nonprecedential opinion in a veterans case. Here are the introductions to the opinions.
Opinions & Orders – October 12, 2020
The Federal Circuit did not publish any opinions this morning.
Argument Recap – National Organization of Veterans Advocates, Inc. v. Secretary of Veterans Affairs
Last week, the Federal Circuit held an en banc session to hear oral argument in National Organization of Veterans Advocates, Inc. v. Secretary of Veterans Affairs. In this case, the court considered two questions posed by NOVA in its petition: (1) whether the Federal Circuit has jurisdiction to review a generally applicable interpretive rule promulgated by the Department of Veterans Affairs through its Adjudication Procedures Manual, and (2) whether a Federal Circuit Rule impermissibly supersedes a statute of limitations. Additionally, as a preliminary matter, the court heard argument as to whether NOVA has Article III standing in this case. This is our argument recap.
Opinions & Orders – October 9, 2020
This morning, the Federal Circuit issued one nonprecedential erratum and two nonprecedential Rule 36 judgments. Here is the text of the erratum and links to the Rule 36 judgments.
Opinions & Orders – October 8, 2020
This morning the Federal Circuit issued three nonprecedential opinions: two involving appeals from the Merit Systems Protection Board and one in a patent infringement case. Here are the introductions to the opinions.
Argument Recap – Trimble Inc. v. PerDiemCo LLC
Yesterday the Federal Circuit heard oral argument in Trimble Inc. v. PerDiemCo LLC, a patent case we have been following because it attracted an amicus brief. In this case, Trimble, the plaintiff-appellant, asks the Federal Circuit to reverse a district court’s dismissal of its declaratory judgment action. Trimble argues that the district court wrongly determined that it lacked personal jurisdiction over the defendant-patent owner, PerDiemCo. This is our argument recap.