This week is Court Week at the Federal Circuit, and here’s what you need to know. The court will convene 10 panels to consider about 48 cases. Notably, none of this week’s cases attracted amicus briefs. Of the 48 cases, the court will hear oral arguments in 35. Here is a list of this week’s cases.
This morning the Federal Circuit released two precedential opinions in patent cases. The first comes in an appeal from the Patent Trial and Appeal Board, and the court vacates and remands the Board’s decision over a dissent by Judge Reyna. The second comes in an appeal and cross-appeal from a district court decision, and the court affirms-in-part, reverses-in-part, and vacates-in-part. Here are the introductions to the opinions.
Earlier this month, the court heard oral argument in Skaar v. McDonough, in which McDonough, the Director of Veterans Affairs, appeals a decision by the Court of Appeals for Veterans Claims certifying a class action of veterans. Skaar cross-appeals to argue the court misinterpreted equitable tolling and waiver standards to exclude from the certified class veterans who had not timely appealed past agency decisions. Amicus briefs in support of Skaar were filed by the National Veterans Legal Services Program and 15 Administrative Law, Civil Procedure, and Federal Courts Professors. Judges Moore, Newman, and Hughes heard the argument. This is our argument recap.
Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received a new petition raising a question related to collateral estoppel between patent infringement actions and determinations of the Patent Trial and Appeal Board. The court also invited a response to a petition raising a question related to the scope of usable prior art in inter partes review proceedings. Here are the details.
Today the Federal Circuit issued a modified and reissued nonprecedential opinion in a tax case, a nonprecedential opinion in a patent case, and a nonprecedential order granting a join motion to voluntarily dismiss appeals. Here are the introductions to the opinion and order.
Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:
- an article discussing how the Federal Circuit determined that an “Apple Inc lawsuit . . . over Wi-Fi messaging can move forward in California”;
- another article detailing how “the CAFC concluded that the district court’s constructions incorrectly limited claim scope to a preferred embodiment and rendered certain dependent claims superfluous”; and
- yet another article explaining how, in Intel Corp v XMTT, Inc., “Intel was dealt a loss in its challenge of a computer memory patent when the Federal Circuit on Tuesday refused to consider the tech company’s arguments that the court said were ‘clearly inconsistent’ with what it presented to the Patent Trial and Appeal Board.”
This morning the Federal Circuit released a precedential opinion in combined appeals from the Court of International Trade as well as a nonprecedential order dismissing a petition for permission to appeal. Late Friday the court also released two nonprecedential orders dismissing appeals. Here are the introductions to the opinion and orders.
This morning the Federal Circuit issued three nonprecedential opinions in patent cases appealed from the Western District of Wisconsin, the Central District of California, and the Patent Trial and Appeal Board, respectively. The court also issued seven nonprecedential orders this morning and late yesterday. One grants a motion to transfer venue; two deny motions to transfer venue; two dismiss cases for lack of jurisdiction; and two grant voluntary dismissals. Here are the introductions to the opinions and orders.