FedCircuitBlog

Earlier this month, the Federal Circuit heard oral argument in a tax case, Dougherty Electric, Inc. v. United States. In this case, Dougherty Electric appeals a dismissal by the Court of Federal Claims of a refund suit for lack of subject matter jurisdiction. Judges Lourie, Prost, and Taranto heard the oral argument. This is our argument recap.

Happy President’s Day! As a result of the holiday, the Federal Circuit did not release any new opinions or orders this morning on its website.

Here is an update on activity in cases pending before panels of the Federal Circuit where the cases have attracted at least one amicus brief. We keep track of these cases in the “Other Cases” section of our blog. Today, with respect to these cases, we highlight three recent opinions, four recent orders, and one new case. Here are the details.

This morning, the Federal Circuit released two precedential opinions. One of the opinions comes in a patent cases addressing claim construction. The other also comes in a patent case, this one challenging instructions the Director of the Patent and Trademark Office had given to the Patent Trial and Appeal Board related to its authority to decline petitions for inter partes review. The court also released three nonprecedential opinions. The first comes in an appeal of a decision of the Patent Trial and Appeal Board; the second comes in a patent infringement case and addresses an award of enhanced damages; and the third comes in a pro se appeal of a decision of the Court of Federal Claims. The Federal Circuit also released nine nonprecedential orders. Three transfer matters; three dismiss appeals; one remands a case; and two deny petitions for writs of mandamus. Finally, the court also released a Rule 36 judgment. Here are the introductions to the opinions and orders other than dismissals, along with links to the dismissals and Rule 36 judgment.

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today we highlight:

• an article suggesting the timing of the Supreme Court ruling on President Trump’s tariff case might be related to the idea “SCOTUS would presumably want to give guidance to lower courts on how they should rule on these suits”;
• a blog post discussing a recent Federal Circuit dissenting opinion that “offers an attack on how the Federal Circuit has been applying the ‘plainly dissimilar’ standard for design patent infringement”;
• an article indicating that, “[o]ver the past few months, the U.S. Patent and Trademark Office has treated artificial intelligence and machine learning inventions more favorably under Section 101 of the U.S. Patent Act than they have been in years”; and
• an article suggesting inter partes reviews “are essentially unavailable for the majority of patents now being asserted in litigation.”

This morning, the Federal Circuit released two nonprecedential orders dismissing appeals. Here are links to the dismissals.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. Since our last update, there has been no new activity at the Supreme Court in the two pending cases decided by the Federal Circuit. As for petitions, a new petition was filed in a pro se case and two waivers of the right to respond to petitions were filed in two other pro se cases. Here are the details.

Late yesterday, the Federal Circuit released a nonprecedential order dismissing an appeal. This morning, the court released two precedential opinions, one nonprecedential order dismissing an appeal, and one Rule 36 judgment. One of the opinions addresses antitrust liability for unlawful tying in a patent infringement case; the other comes in an appeal of a decision of the Court of Federal Claims in a vaccine case. Here are the introductions to the opinions and links to the dismissals and the judgment.

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today we highlight:

• an article analyzing the “possible outcomes . . . and the downstream impact of the Supreme Court decision” in President Trump’s tariffs case;
• a commentary discussing how the Supreme Court’s intervention in the “skinny label” patent case “has drawn immediate attention from pharmaceutical companies and their counsel”;
• a blog post arguing “it is time for the Supreme Court to step in and provide a definition and workable test for the abstract-ideas exclusion”; and
• an article addressing whether “the U.S. patent system has shown measurable signs of becoming more favorable to patent owners, particularly in the context of post-grant proceedings such as inter partes review . . . and post-grant review.”

Late yesterday, the Federal Circuit released a nonprecedential opinion dismissing an appeal. This morning, the court released three nonprecedential opinions and three additional nonprecedential orders dismissing appeals. One of the opinions comes in a patent infringement case; the other two come in pro se challenges to decisions of the Merit Systems Protection Board. Here are the introductions to the opinions and links to the dismissals.