FedCircuitBlog

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 the Federal Circuit granting a petition for writ of mandamus to transfer claims from the Western District of Texas to the District of Colorado;
• an article about the California Institute of Technology urging the Supreme Court “not to take up a $1.1 billion patent infringement dispute between the university and Apple”; and
• another article about the Federal Circuit denying a “motion to stop . . . performance of a $133 million US Navy base operations support services contract.”

This morning the Federal Circuit released two precedential opinions and a nonprecedential opinion. The first precedential opinion comes in a patent case appealed from the Western District of Wisconsin. In it, the Federal Circuit reverses the district court’s grant of summary judgment and remands the case. The second precedential opinion comes in a veterans case appealed from the Court of Appeals for Veterans Claims. In it, the Federal Circuit affirms the denial of a request for benefits. Notably, Judge Reyna filed a concurring opinion. The nonprecedential opinion comes in a patent case appealed from the Patent Trial and Appeal Board. The Federal Circuit also released a precedential order in a Vaccine Act case appealed from the Court of Federal Claims. In its order, the Federal Circuit identifies certain issues raised in the appeal to be addressed in new briefings. Finally, the court released a nonprecedential order dismissing an appeal. Here are the introductions to the opinions, text from the order, and a link to the dismissal.

This morning the Federal Circuit released a precedential opinion in a patent case appealed from the District of Oregon. In its opinion, the Federal Circuit affirms the district court’s grant of summary judgment as to eligibility and denial of a new trial, reverses with respect to anticipation and obviousness, vacates an award of sanctions, and remands the case. Late yesterday, the Federal Circuit also released a nonprecedential order granting unopposed motions to voluntarily dismiss appeals. Here is the introduction to the opinion and a link to the dismissal.

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 the Federal Circuit “den[ying] a petition for writ of mandamus asking the Delaware district court to vacate an order to produce certain documents” related to third party funding in patent case; and
• an article about “Pfizer and BioNTech[‘s] . . . countersuit, demanding a jury trial and refuting Moderna’s claims of infringement” of patents related to COVID-19 vaccines.

This morning the Federal Circuit released a precedential en banc opinion in a veterans case appealed from the Court of Appeals for Veterans Claims. In the court’s majority opinion, the Federal Circuit reversed, holding that a statute limiting educational assistance applies to veterans with multiple periods of service. Notably, both Judge Newman and Judge Reyna filed separate dissenting opinions. The Federal Circuit also released five nonprecedential opinions today. One comes in a case appealed from the Court of Federal Claims; one comes in a veterans case appealed from the Court of Appeals for Veterans Claims; and three come in patent cases appealed from the Patent Trial and Appeal Board. Finally, the court released three nonprecedential orders. Two dismiss appeals, and one grants motions to sever claims and transfer remaining claims to the District of Colorado. Here are the introductions to the opinions, text from the order granting the motions, and links to the dismissals.

This morning, the Federal Circuit announced that it approved changes to court’s calendar for July, 2023 oral arguments. The court also indicated it adopted a calendar for October, 2023 through September, 2024. Here is the full text from the announcement and a link to the relevant calendars.

Today the Federal Circuit released three nonprecedential orders. One summarily affirms and two dismiss appeals. Here is text from the order summarily affirming 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 since our last update. With respect to petitions, two new petitions were filed, both in pro se cases; the government waived its right to respond in two other pro se cases and a Merit Systems Protection Board case; the government filed a brief in opposition in a veterans case; three petitioners filed reply briefs in three takings cases; two amicus briefs were filed in a veterans case and one amicus brief was filed in a patent case concerning inter partes review estoppel; and, finally, the Court denied three petitions, one in a judicial disqualification case and two in pro se cases. Here are the details.

Yesterday, the Federal Circuit announced its Clerk’s Office and library will be closed today from 1:00 to 2:30 pm Eastern. Here is the text of the announcement.

Today the Federal Circuit released two nonprecedential orders dismissing appeals, a summary affirmance, and another order dismissing an appeal. Here is text from the first two orders and a link to the summary affirmance and last order.