FedCircuitBlog

This morning, the Federal Circuit released two nonprecedential orders. One dismisses an appeal. The other grants a motion by both parties to stay an appeal until the only patent at issue expires, at which point the Clerk of Order is directed to dismiss the appeal. Here are the links to the orders.

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:

• an article discussing the denial of a petition to the Supreme Court “asking the Court to review a decision of the U.S. Court of Appeals for the Federal Circuit (CAFC) that affirmed a Patent Trial and Appeal Board (PTAB) [obviousness] determination”; and
• an article about how the “Federal Circuit on Monday denied” a petition seeking a writ of mandamus in light of the denial of a “bid to move an infringement suit over authentication and fraud reduction patents from Texas federal court to California.”

This morning, the Federal Circuit released four nonprecedential opinions and two nonprecedential orders. One of the opinions addresses an appeal from a judgment of the Court of Federal Claims. Another one of the opinions addresses an appeal from a summary judgment holding asserted patent claims ineligible for patenting. The remaining two opinions address appeals from judgments of the Patent Trial and Appeal Board finding certain claims unpatentable. The orders are both dismissals. Here are the introductions to the opinions and links to the orders.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, the Supreme Court will hear oral argument next week in Harrow v. Department of Defense, a case concerning the Merit Systems Protection Board and whether a filing deadline is jurisdictional. With respect to petitions, two new petitions were filed in a patent case and a pro se case, a waiver of right to respond was filed in a pro se case, two briefs in opposition were filed in a patent case and in a veterans case, and an amicus brief was filed in a Merit Systems Protection Board case. Finally, the Court denied petitions in a pro se case and in a patent case. Here are the details.

This morning, the Federal Circuit released one nonprecedential opinion. It addresses a challenge to the denial of monetary and injunctive relief after a jury determination of willful infringement in a patent case. Here is the introduction to the opinion.  

Here is an update on recent en banc activity at the Federal Circuit. Highlights include two new denials of petitions for rehearing en banc in patent cases. These petitions raised questions related to claim construction, the scope of inter partes review proceedings, and the evidentiary basis to prove the existence of prior art.  Here are the details.

On Monday, March 25, the Supreme Court will hear oral argument in Harrow v. Department of Defense. In this case, the Court will review the Federal Circuit’s resolution of an appeal from a judgment of the Merit Systems Protection Board. In particular, the Supreme Court will consider whether the statutory deadline to file an appeal from the MSPB is jurisdictional. The statutory provision in question is 5 U.S.C. § 7703(b)(1)(A). This is our argument preview.

This morning, the Federal Circuit released one nonprecedential opinion. It affirms a final written decision of the Patent Trial and Appeal Board, finding certain claims unpatentable as obvious. Here is the introduction to the opinion.

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:

• an article addressing how “[c]olleagues of Federal Circuit Judge Pauline Newman asked a federal district court judge to throw out what’s left of her lawsuit challenging her suspension from hearing cases”; and
• a similar article discussing how the “Judicial Council of the Federal Circuit told the U.S. District Court for the District of Columbia on Friday that it that it should dismiss Judge Pauline Newman’s remaining challenges to . . . because all of Newman’s claims ‘fail as a matter of law’.”

This morning, the Federal Circuit released one nonprecedential opinion and three nonprecedential orders. The opinion addresses a pro se appeal from a judgment of the Merit Systems Protection Board. Two of the orders deny petitions, while one dismisses an appeal. Late Friday, the Federal Circuit also released one nonprecedential order dismissing another appeal. Here is the introduction to the opinion, selected text from the orders denying petitions, and links to the dismissals.