FedCircuitBlog

Late last night the Federal Circuit announced that it will be closed today, February 12, due to inclement weather. Here is the full text of the announcement.

Here is an update on recent en banc activity at the Federal Circuit. Two new amicus briefs were filed in a pending en banc case concerning standing to allege a violation of a statute or regulation in connection with the procurement of a government contract. Additionally, one new petition was filed, presenting a question regarding apportionment of damages for patent infringement. Finally, the court denied an en banc petition raising a question regarding claim construction. Here are the details.

This morning the Federal Circuit released one precedential opinion, two nonprecedential opinions, three nonprecedential orders, one Rule 36 summary affirmance, and an errata. The lone precedential opinion comes in an international trade case on appeal from the Court of International Trade. Of the nonprecedential opinions, one comes in a pro se case on appeal from the Merit Systems Protection Board and the other comes in a patent case on appeal from the Patent Trial and Appeal Board. All three nonprecedential orders dismiss appeals. Here are the introductions to the opinions and links to the summary affirmance, dismissals, and errata.

The Federal Circuit updated its operating status today given the weather in Washington DC. Here is the full text of the court’s most recent announcement.

Late last night the Federal announced that it would open today. Here is the full text of the announcement.

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 “Commissioner for Patents Vaishali Udupa has notified the United States Patent and Trademark Office (USPTO) that she is resigning effective immediately”;
• a report covering how three Federal Circuit “judges said Friday that doctors’ examination reports Judge Pauline Newman has presented as part of her legal effort to fight her suspension at the Federal Circuit contained major errors and unscientific conclusions”; and
• a piece reporting how a Federal Circuit panel “stripped a patent case over respiratory treatment devices away from a North Carolina federal judge, with the appeals court reversing a noninfringement verdict.”

Late Friday afternoon, the Federal Circuit released an errata. This morning, the Federal Circuit released two precedential opinions, three nonprecedential opinions, and four Rule 36 summary affirmances. Of the two precedential opinions, one comes in Tucker Act case and the other comes in a patent case. Of the nonprecedential opinions, one comes in a takings case, one in a veterans case, and the other is on appeal from the Merit Systems Protection Board. Here are the introductions to the opinions and links to the summary affirmances and errata.

On Friday, the Federal Circuit announced the release of materials in the ongoing investigation of Judge Newman’s fitness to serve on the court. Notably, the materials include reports of three experts retained by the Federal Circuit’s Judicial Council to review a report provided by an expert retained by Judge Newman’s lawyers. Here is the full text of Friday’s announcement, with links to the released materials.

Late yesterday, the Federal Circuit released a nonprecedential order dismissing a case. This morning, the court released three precedential opinions, four nonprecedential opinions, one nonprecedential order, and two Rule 36 summary affirmances. Of the precedential opinions, one comes in a veterans case and two come in patent cases. The nonprecedential opinions all come in cases on appeal from the Merit Systems Protection Board. The lone nonprecedential order dismisses a case. Here are the introductions to the opinions and links to the summary affirmances and dismissals.

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

• a blog post covering how the U.S. Patent and Trademark Office is challenging the “rationale behind the Supreme Court’s decision in KSR v. Teleflex for certain technologies, specifically by advocating that claims to dosage regimens for pharmaceuticals should be almost per se obvious, particularly for such claims for which the pharmaceutical was itself patent protected”;
• another blog post highlighting how a joint letter from the Intellectual Property Owners Association and American Intellectual Property Law Association to Congress “asks that the USPTO be ‘exempted from executive actions that could further hinder its ability to meet its mission’”;
• a report discussing how the D.C. Circuit recently denied Judge Newman’s “request to unseal documents about her suspension for refusing to participate in an investigation into her fitness, saying such documents are confidential unless both the judge under investigation and the chief judge agree to release them”; and
• an editorial proposing “ways for the new Acting Director to fix the USPTO fast.”