FedCircuitBlog

Here is an update on recent en banc activity at the Federal Circuit. Highlights include a petition for rehearing en banc filed in a patent case presenting questions related to patent eligibility, along with two denials of petitions in a patent case and a pro se case, respectively. Here are the details.

The Federal Circuit did not release any opinions or orders this morning on its website.

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

• an ABC News article discussing why Judge Newman “was barred from hearing cases for at least a year”;
• a CBS News article discussing how Judge Newman “was suspended from hearing cases for one year after she refused to undergo medical examinations and turn over medical records”;
• a Law 360 article highlighting how some are calling Judge Newman’s suspension “an unfortunate outcome in a difficult case”; and
• an “Open Letter to Circuit Judges on the Court of Appeals for the Federal Circuit” authored by Randall R. Rader, former Chief Judge of the Federal Circuit.

Today, the Federal Circuit released a nonprecedential opinion and a nonprecedential order. The opinion addresses an appeal in a patent case in which a district court found patent claims invalid as indefinite. The order denies a petition for writ of mandamus seeking to order a judge of the International Trade Commission to vacate an order preventing a witness from testifying. Here are the introductions to the opinion and the order.

This morning, the Federal Circuit released a nonprecedential opinion addressing a patent infringement case appealed from a district court. 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 from the Washington Post about Judge Newman’s suspension; and
• a similar article from the New York Times discussing “[t]he order suspending Judge Newman for one year.”

Today, the Federal Circuit released two precedential opinions and one nonprecedential opinion. One precedential opinion addresses an appeal from the United States Court of Federal Claims and includes a dissent from the now-suspended Judge Newman. Another precedential opinion addresses a challenge to the Patent Trial and Appeal Board’s findings related to motivation to combine and reasonable expectation of success related to non-obviousness. Finally, the nonprecedential opinion comes in a patent case reverses and remands after finding abuse of discretion by a district court. Here are the introductions to the opinions.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, a merits brief and an amicus brief were filed in Vidal v. Elster, a trademark case concerning the First Amendment. With respect to petitions, three new petitions were filed with the Court in two patent cases addressing eligibility and prosecution laches respectively and in a takings case. Additionally, waivers of right to respond were filed in the patent case addressing prosecution laches and in a pro se case, and a supplemental brief was filed with the Court in a patent case addressing eligibility. Finally, three amicus briefs were filed in a patent case addressing judicial review of determinations whether to institute inter partes review proceedings. Here are the details.

This morning, the Federal Circuit released one precedential opinion, two nonprecedential opinions, and one nonprecedential order. The precedential opinion comes in a patent case and addresses an appeal from a district court’s judgment that claims are invalid for lack of enablement. One of the two nonprecedential opinions stems from another patent case where the Patent Trial and Appeal Board found numerous claims unpatentable. The second nonprecedential opinion addresses an appeal from a judgment of the Merit Systems Protection Board. The order dismisses an appeal. Here are the introductions to the opinions and a link to the order.

This morning the Federal Circuit released additional materials pertaining to the ongoing investigation into Judge Newman’s fitness to serve as a judge on the Federal Circuit. These materials include a redacted audio recording and various letters and orders, including a 375-page document containing a 73-page unanimous per curiam order of the court’s Judicial Council dated today along with numerous redacted supporting attachments. Most significantly, today’s order suspends Judge Newman for the period of at least one year. The order states:

1. “Judge Newman shall not be permitted to hear any cases, at the panel or en banc level, for a period of one year beginning with the issuance of this Order, subject to consideration of renewal if Judge Newman’s refusal to cooperate continues after that time and to consideration of  modification or rescission if justified by an end of the refusal to cooperate.”
2. “The Committee shall maintain jurisdiction over this matter.”

Here is the full text of this morning’s announcement, with links to the released materials, including today’s order and attachments along with prior letters and orders and a redacted audio recording.