FedCircuitBlog

Today the Federal Circuit issued two nonprecedential opinions in patent cases. Here are the introductions to the opinions.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, there is no activity to report. With respect to petitions cases, one new petition was filed in a case presenting a question related to importation patent infringement and copyright infringement, and three amicus briefs were filed in support of a petition raising questions related to trade and procedural law. Additionally, the Supreme Court denied five petitions related to patent eligibility and veterans law. Here are the details.

This morning the Federal Circuit issued one precedential opinion in a takings case, two nonprecedential opinions in patent cases, one nonprecedential order denying a petition for a writ of mandamus, and one nonprecedential erratum. Here are the introductions to the opinions, the text of the order, and the text of the erratum.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include new petitions filed in five cases raising questions related to the Appointments Clause, marking and notice, and definiteness; one response to a petition raising questions related to collateral estoppel and inter partes review; one request by the Federal Circuit for a response to a petition raising questions related to collateral estoppel and the doctrine of equivalents; and the denial of petitions in three cases (including, notably, Arthrex). Here are the details.

The Federal Circuit did not issue any opinions this morning.

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights the Federal Circuit’s denial of en banc rehearing in Arthrex, a Federal Circuit decision upholding a $268 million award in favor of the Alfred Mann Foundation for Scientific Research, and a recent Federal Circuit decision reviewing jury instructions defining the “ordinary observer” in design patent cases.

This morning the Federal Circuit issued a precedential order denying en banc rehearing in Arthrex, Inc. v. Smith & Nephew, Inc., a nonprecedential opinion in a Veterans case, and a Rule 36 judgment. Here is the text of the order and the introductions to the opinions.

This afternoon the Federal Circuit announced various modifications to its operations, “including suspending the filing of certain paper copies, establishing modified filing and service procedures for parties appearing pro se, authorizing changes to how the Clerk’s Office provides assistance to the public, and providing additional guidance to counsel concerning the scheduling of future court hearings.” The court’s announcement includes links to an administrative order and three notices outlining particular modifications to the court’s procedures. The court said it was making these changes “to continue court operations in response to ongoing public health emergencies.”

This morning the Federal Circuit did not issue any opinions.

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights comments on the Federal Circuit’s refusal to extend deference to decisions by the USPTO’s Precedential Opinion Panel, a note on a petition for en banc rehearing related to venue, an article about Apple’s transfer of $454 million to pay a judgment for patent infringement, and a summary of courts’ steps to prevent transmission of the novel coronavirus.