FedCircuitBlog

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, new petitions were filed in a takings case, a case addressing sanctions, and a pro se case. The Supreme Court also denied petitions in a veterans case, a case addressing the Quiet Title Act, and four pro se cases. Here are the details.

As we reported earlier this week, three cases being argued at the Federal Circuit in February attracted amicus briefs. One of these cases is Ligado Networks LLC v. United States, a takings case. In it, the United States appeals a decision of the Court of Federal Claims, arguing it erred by exercising jurisdiction over the case and treating a license from the Federal Communications Commission as property under the takings clause. This is our argument preview.

This morning, the Federal Circuit released two nonprecedential opinions and a nonprecedential order. One of the opinions comes in a case involving claims of patent infringement and trade secret misappropriation; the other comes in an appeal of a decision by the Court of Appeals for Veterans Claims. The order remands a patent case back to a district court based on a district court’s indication it would vacate its patent ineligibility determinations. Here are the introductions to the opinions and the order.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Since our last update, one new petition for en banc rehearing has been filed, raising a question related to the court’s ability to decide the adequacy of written description without deferring to a jury’s verdict; one new amicus brief was filed in support of a petition that raised a question related to venue; and, finally, the court denied two petitions for en banc rehearing one in a pro se case and the other that raised questions related to what qualifies as prior art and the Administrative Procedure Act. Here are the details.  

Three cases being argued at the Federal Circuit in February attracted amicus briefs. One of those cases is Doughtery Electric, Inc. v. United States, a tax case. In it, Dougherty Electric appeals the dismissal by the Court of Federal Claims of a refund suit for lack of subject-matter jurisdiction. This is our argument preview.

Late yesterday, the Federal Circuit released a nonprecedential opinion in an appeal of a decision of the Merit Systems Protection Board. This morning, the Federal Circuit released two nonprecedential opinions, two nonprecedential orders, and an errata. One of the opinions comes in another appeal of a decision of the Merit Systems Protection Board; the other comes in an appeal of a decision of the Court of Appeals for Veterans Claims. Both orders deny petitions for writs of mandamus. One of the petitions sought to order the Merit Systems Protection Board to order discovery and sanction an agency. The other petition sought to order the Patent and Trademark Office to vacate a denial of its petition for inter partes review. Here are the introductions to the opinions and orders along with a link to the errata.

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

• an article highlighting White House National Economic Council Director Kevin Hassett’s comment that “the White House has a ‘backup plan that’s really solid,’ . . . saying Trump would immediately impose tariffs of 10% ‘to make up most of the room’ from the IEEPA tariffs being struck down”;
• a blog post discussing how a “group of conservative leaders . . . sent a letter” to the Trump Administration “strongly supporting the U.S. Patent and Trademark Office’s . . . Notice of Proposed Rulemaking . . . issued in October”; and
• an article examining how AI-assisted inventions, particularly in biologics innovation, “raise fundamental questions about how those inventions are disclosed and claimed in patent applications”;
• an article reporting how “USAA wants the U.S. Supreme Court to review a ruling” by the Federal Circuit “that set aside two jury awards totaling almost $223 million in patent-infringement cases.”

Yesterday, the Federal Circuit announced that it would be closed to the public today, January 27, due to the inclement weather. All electronic filing deadlines will remain in effect, and paper filings due January 26 or January 27, 2026 will be deemed as timely if received by the next day the court is open to the public. Here is the full text of the announcement.

This morning, the Federal Circuit released a nonprecedential opinion in an appeal of a decision of the Merit Systems Protection Board. Here is the introduction to the opinion.

Yesterday the Federal Circuit announced it would be closed to the public today, January 26, 2026 due to the inclement weather. Electronic filing deadlines remain in effect. Here is the text to the full announcement.