FedCircuitBlog

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include three new petitions raising questions related to prosecution history estoppel and vitiation and the denial of three petitions raising questions related to the Appointments Clause, definiteness, written description, and enablement. Here are the details.

The Federal Circuit did not issue any opinions this morning.

This morning the Federal Circuit issued one nonprecedential opinion in a patent case. Here is the introduction to the opinion.

This morning the Supreme Court rendered its decision in Maine Community Health Options v. United States, Moda Health Plan Inc. v. United States, and Land of Lincoln Mutual Health Insurance Company v. United States. The Court concluded that the Affordable Care Act established a money-mandating obligation, that Congress did not repeal this obligation, and that, as a result, insurance companies may sue the federal government for damages in the Court of Federal Claims under the Tucker Act. As a result, the Court reversed the Federal Circuit and remanded the cases for further proceedings.

The Federal Circuit announced today that it is proposing a large number of stylistic and substantive amendments to the Federal Circuit Rules of Practice. The court has asked for comments from the public on the proposed amendments. If adopted, the amendments will be effective starting July 1, 2020. Here are the details.

This morning the Federal Circuit issued two opinions: one precedential opinion in a patent case and one nonprecedential opinion in a patent case. Here are the introductions to the opinions.

Today the Supreme Court issued its decision in Romag Fasteners, Inc. v. Fossil, Inc., ruling that trademark owners need not prove willfulness to disgorge infringers’ profits. Justice Gorsuch authored the opinion for the Court, which vacated and remanded a contrary decision by the Federal Circuit. Justice Gorsuch’s opinion was joined by every member of the Court except Justice Sotomayor. Here are the details.

This morning the Federal Circuit issued three opinions: one precedential opinion in a patent case; one precedential opinion in a tax case; and one nonprecedential opinion in a takings case. Here are the introductions to the opinions.

This morning the Federal Circuit issued one precedential opinion in a patent case, one precedential opinion in a takings case, one nonprecedential opinion in a veterans case, and one nonprecedential opinion in a patent case. Here are the introductions to the opinions.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include new petitions filed in six cases raising questions relating to design patent claim construction, damages, claim construction, eligibility, inequitable conduct, non-obviousness, joinder, and deference to Precedential Opinion Panels; three requests for responses to petitions raising questions related to venue, eligibility, non-obviousness, and claim construction; and the denial of six petitions raising issues including the Appointments Clause, claim construction, prosecution history estoppel, and damages. Here are the details.