FedCircuitBlog

This morning the Federal Circuit issued two precedential opinions addressing an award of attorneys’ fees in a patent case and an appeal from an arbitrator’s decision in an employment case. The court also issued a nonprecedential order denying a petition for a writ of mandamus on the issue of forum non conveniens in a patent case. Here are the introductions to the opinions and text from the order.

This morning the Federal Circuit issued five opinions and one order, all in patent cases. Two of the opinions are precedential, and three are nonprecedential. Here are the introductions to the opinions and the text of the order.

This morning the Federal Circuit issued one precedential opinion in a tax case and one nonprecedential order in a patent case. Here is the introduction to the opinion and the text of the order.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include three new petitions raising questions related to prosecution history estoppel and vitiation and the denial of three petitions raising questions related to the Appointments Clause, definiteness, written description, and enablement. Here are the details.

The Federal Circuit did not issue any opinions this morning.

This morning the Federal Circuit issued one nonprecedential opinion in a patent case. Here is the introduction to the opinion.

This morning the Supreme Court rendered its decision in Maine Community Health Options v. United States, Moda Health Plan Inc. v. United States, and Land of Lincoln Mutual Health Insurance Company v. United States. The Court concluded that the Affordable Care Act established a money-mandating obligation, that Congress did not repeal this obligation, and that, as a result, insurance companies may sue the federal government for damages in the Court of Federal Claims under the Tucker Act. As a result, the Court reversed the Federal Circuit and remanded the cases for further proceedings.

The Federal Circuit announced today that it is proposing a large number of stylistic and substantive amendments to the Federal Circuit Rules of Practice. The court has asked for comments from the public on the proposed amendments. If adopted, the amendments will be effective starting July 1, 2020. Here are the details.

This morning the Federal Circuit issued two opinions: one precedential opinion in a patent case and one nonprecedential opinion in a patent case.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

Today the Supreme Court issued its decision in Romag Fasteners, Inc. v. Fossil, Inc., ruling that trademark owners need not prove willfulness to disgorge infringers’ profits. Justice Gorsuch authored the opinion for the Court, which vacated and remanded a contrary decision by the Federal Circuit. Justice Gorsuch’s opinion was joined by every member of the Court except Justice Sotomayor. Here are the details.