Court Week

Court Week – What You Need to Know

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.

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Federal Circuit Announcement

Federal Circuit Announces Court Operating Status for the Week of February 1, 2021

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.

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Featured / Federal Circuit Announcement

Federal Circuit Amends Prior Notices Regarding Nonelectronic Filing and Submissions

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.

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Opinions

Opinions & Orders – January 29, 2021

This morning, the Federal Circuit issued two nonprecedential errata. Here are the errata.

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Opinions

Opinions & Orders – January 28, 2021

This morning, the Federal Circuit issued one nonprecedential opinion in a patent case. In it, the court reviewed the non-obviousness patentability requirement as applied by the Patent Trial and Appeal Board in a post-grant review proceeding. Here is the introduction to the opinion.

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Opinions / Panel Activity

Opinion Summary – Monk v. Tran

This week, the Federal Circuit issued its opinion in Monk v. Tran, a veterans case we have been following because it attracted an amicus brief. Judge Chen authored a unanimous panel opinion affirming in part a decision of the Court of Appeals for Veterans Claims and dismissing in part the appeal as moot. Specifically, the Federal Circuit agreed that a petition for a writ of mandamus filed at the Veterans Court was moot with respect to several veterans because, after the filing the petition but before the Veterans Court’s disposition of the petition, those veterans received decisions by the Board of Veterans Appeals. The Federal Circuit similarly dismissed as moot another veteran’s appeal because, by the time of the Federal Circuit’s disposition of his appeal, he had received a Board decision on the merits of his case. This is our opinion summary.

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Opinions

Opinions & Orders – January 27, 2021

This morning, the Federal Circuit issued a precedential opinion in an international trade case and a nonprecedential opinion in a patent case. Here are the introductions to the opinions.

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En Banc Activity

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit. Telephonic oral argument is scheduled next week in an en banc veterans case, Arellano v. Wilkie. As for patent cases, petitions were filed in four cases raising questions related to an award of attorney’s fees, eligible subject matter, deference to findings of the Patent Trial and Appeal Board, and standing. In addition, a new response was filed arguing against the grant of a petition raising questions related to injunctive relief. Here are the details.

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Opinions

Opinions & Orders – January 26, 2021

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

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Opinions

Opinions & Orders – January 25, 2021

The Federal Circuit did not publish any opinions this morning on its website. The court, however, did issue a nonprecedential order on January 21 that went uncovered on the blog. In the order, the court denied a request for a writ of mandamus blocking the transfer of a patent case from Austin to Waco, Texas. Here is text from that order.

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