FedCircuitBlog

This morning the Federal Circuit released two nonprecedential orders dismissing appeals. Here are links to the 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 about a recent Federal Circuit decision concerning patent eligibility and how it allegedly distinguishes between collection of information and use of information;
• an article about another Federal Circuit decision concerning patent eligibility concluding that “two IBM patents directed to technology that allows users to select and view results on a map were directed to ineligible subject matter”; and
• another article about the Federal Circuit “affirm[ing] a lower court decision to dismiss [a] . . . lawsuit seeking damages” for revocation of a payout from a “government fund for victims of state-sponsored terrorism.”

This morning the Federal Circuit released a nonprecedential opinion in a patent case appealed from the Patent Trial and Appeal Board. The Federal Circuit also late yesterday and this morning released two nonprecedential orders dismissing appeals. Here is the introduction to the opinion 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 cases, there is no new activity to report. With respect to petitions, two new petitions were filed with the Court in a veterans case and a pro se case; the Court invited the Solicitor General to file a brief expressing the views of the United States in a case raising a question concerning patent eligibility; and three amicus briefs were filed in support of a petition raising a question related to judicial disqualification. Here are the details.

Late yesterday and this morning, the Federal Circuit released three nonprecedential orders. One grants an unopposed motion to deconsolidate appeals and dismiss an appeal; one transfers an appeal to the Court of Appeals for the Fifth Circuit; and one vacates an order denying transfer from the Eastern District of Texas to the Western District of Tennessee and remands the case. Here is text from the orders.

Here is an update on recent en banc activity at the Federal Circuit. In a pending en banc case raising questions related to whether on-the-job exposure to the recent novel coronavirus entitled federal correctional officers to additional pay pursuant to various federal statutes, the government filed its en banc response brief, and the Federal Circuit scheduled the case for oral argument in December. The court also invited responses to two petitions raising questions related to assignor estoppel and inter partes review estoppel. Finally, the court granted panel rehearing and denied rehearing en banc in response to a petition raising questions related to the process and standard for determining indefiniteness. Here are the details.

This morning the Federal Circuit released three nonprecedential orders. One grants a motion to dismiss an appeal for lack of jurisdiction; one dismisses an appeal for failure to prosecute; and one transfers an appeal to the Court of Appeals for the Second Circuit. Here is the text from the order and links to the 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 indicating the Second Circuit signaled agreement with Eighth and Third Circuits with regard to the Federal Circuit’s jurisdiction;
• an article about “[t]he Federal Circuit rescu[ing] two patents that a lower court canceled in an inventor’s infringement lawsuit against Google LLC”; and
• another article about the Supreme Court “lift[ing] a stay blocking Gilenya generics from launching in the U.S.”

This morning the Federal Circuit released two precedential opinions. The first comes in a patent case appealed from the Western District of Washington. In its opinion, the Federal Circuit affirms the district court’s invalidation of patent claims based on subject matter eligibility; notably, Judge Stoll dissented in part. The second comes in another patent case appealed from the Northern District of California. In this opinion, the Federal Circuit reverses the district court’s finding of invalidity based on indefiniteness; notably, Judge Dyk dissented. The Federal Circuit also released three nonprecedential opinions. The first and second come in veterans cases appealed from the Court of Appeals for Veterans Claims; the third comes in a case appealed from the Merit Systems Protection Board. Here are the introductions to the opinions.

On Friday the Federal Circuit announced that, in addition to its regular session in  Washington, D.C., it will be sitting in Philadelphia, Pennsylvania for its November 2022 session. For arguments held at area law schools on November 1 and 2, given space limitations students attending the institutions will be given priority to attend. Arguments scheduled for November 3 in Philadelphia will be open to the general public. Audio recordings of each day’s arguments will be available on the court’s website. Here is the full text of the notice.