FedCircuitBlog

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

• a piece discussing how the Federal Circuit recently “said scientists Jennifer Doudna and Emmanuelle Charpentier will get another chance to show they ought to own the key patents on what many consider the defining biotechnology invention of the 21st century”;
• an article discussing how a panel of the D.C. Circuit “seemed skeptical” of Judge Newman’s argument “that a statute allowing courts to self-police instances of misconduct and disability is unconstitutional across the board”;
• a blog post criticizing a recent Federal Circuit decision that he says “appears to have unintentionally upended fundamental principles of [inter partes review] estoppel”; and
• a report that the Dana-Farber Cancer Institute and Memorial Sloan-Kettering Cancer Center filed an amicus brief with the Federal Circuit, urging the court to “review a decision rejecting Xencor’s application for an antibody patent.”

Late yesterday, the Federal Circuit released a nonprecedential order dismissing an appeal. This morning, the Federal Circuit released two nonprecedential opinions in related cases affirming decision of the Merit Systems Protection Board. The court also released four nonprecedential orders. The first nonprecedential order grants the government’s petition to appeal and denies a cross-petitioner’s petition to appeal. The second nonprecedential order denies another petitioner’s permission to appeal. The third nonprecedential order summarily affirms a judgment. The fourth nonprecedential order dismisses an appeal. Here are the introductions to the opinions and orders ruling on petitions to appeal and links to the summary affirmance and dismissals.

Today, the Federal Circuit released three nonprecedential opinions. In the first, the court affirmed as to a direct appeal and reversed as to a cross-appeal in a patent case. Notably, Judge Stark dissented in part from the majority’s decision to reverse as to the cross-appeal. In the second nonprecedential opinion, the court affirmed a decision of the Court of Appeals for Veterans Claims. In the third nonprecedential opinion, the Federal Circuit vacated and remanded a decision of the Trademark Trial and Appeal Board. The Federal Circuit also released one nonprecedential order granting a motion for summary affirmance and three nonprecedential orders dismissing appeals. Here are the introductions to the opinions and links to the summary affirmance and dismissals.

Today, the Federal Circuit released a precedential opinion vacating and remanding a decision of the Armed Services Board of Contract Appeals. The court also released three nonprecedential opinions in three patent cases. Finally, the Federal Circuit released two nonprecedential orders dismissing appeals. Here are the introductions to the opinions and links to the dismissals.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted petitions, the Supreme Court recently heard oral argument and issued opinions, respectively, in two cases decided by the Federal Circuit. With respect to pending petitions, three new petitions have been filed in two patent cases and a pro se case, a brief in opposition and a reply brief was filed in case raising a question related to certification of questions of law, and another reply brief was filed in support of a petition in a patent case. Finally, since our last update the Court has denied two petitions, one raising questions related to recusal and the other raising a question related to patent infringement. Here are the details.

Today, the Federal Circuit released one nonprecedential opinion in a patent case, one nonprecedential opinion in a veterans case, and one Rule 36 summary affirmance. Here are the introductions to the opinions and a link to the summary affirmance.

Today, the Federal Circuit released three nonprecedential opinions in two veterans cases and a case appealed from the Merit Systems Protection Board. In the first veterans case, the court affirmed a dismissal. In the second veterans case, the court affirmed in part and dismissed in part a decision denying an earlier effective date for a service-connected condition. In the case appealed form the Merit Systems Protection Board, the court affirmed the dismissal of an appeal for lack of jurisdiction. Here are the introductions to the opinions.

Late last week the Federal Circuit announced that the Administrative Office of the U.S. Courts is implementing multifactor authentication for the court’s electronic filing system and PACER. The court explained that users of the court’s electronic filing system must enroll in the authentication system “to preserve uninterrupted access and avoid missing filing deadlines.” Here is the full text of the announcement.

Today the Federal Circuit released one nonprecedential opinion in a pro se case, one nonprecedential order dismissing an appeal, and one Rule 36 summary affirmance. Here are the introductions to the opinions and order and a link to the summary affirmance.

Today the Federal Circuit released a precedential opinion affirming in part, vacating in part, and remanding in part a case involving an interference between patent applications related to CRISPR-Cas9. The court also released two nonprecedential opinions in two pro se cases, four Rule 36 summary affirmances, and two nonprecedential orders dismissing appeals. Here are the introductions to the opinions and links to the summary affirmances and dismissals.