FedCircuitBlog

This morning the Federal Circuit released a nonprecedential opinion in a veterans case appealed from the Court of Appeals for Veterans Claims. The Federal Circuit also released two nonprecedential orders dismissing appeals and two Rule 36 judgments. Here is the introduction to the opinion and links to the dismissals and Rule 36 judgments.

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, one new petition was filed in a pro se case; the government waived its right to respond in another pro se case; a brief in opposition was filed in a case concerning judicial disqualification; three amicus briefs were filed in a patent case; and the Court denied two petitions, one in a veterans case and another in a pro se case. Here are the details.

Late yesterday and this morning, the Federal Circuit released a Rule 36 judgment and two nonprecedential orders granting motions to voluntarily dismiss appeals. Here are the links to the dismissals and Rule 36 judgment.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received responses to petitions raising questions related to assignor estoppel and inter partes review estoppel. The court also denied a petition filed by a pro se party. Here are the details.

This morning the Federal Circuit released a precedential opinion in a patent case appealed from the Southern District of California. In its opinion, the Federal Circuit reversed a district court’s claim construction, vacated its grant of summary judgment, and remanded the case. The Federal Circuit also released five nonprecedential orders late yesterday and this morning. Three grant motions to voluntarily dismiss appeals, and two dismiss appeals for failure to prosecute. Here is the introduction to the opinion 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 about a Federal Circuit decision “vacat[ing] two separate preliminary injunction orders . . . against hoverboard products;”
• an article about amicus briefs supporting a petition for certiorari asking “the U.S. Supreme Court to do away with the Federal Circuit precedent barring infringement suits on patents the Patent Trial and Appeal Board has invalidated;” and
• another article about the “impact of Judge Garcia’s order” on the number of patent case filings in the Western District of Texas.

This morning the Federal Circuit released a nonprecedential opinion in a takings case appealed from the Southern District of Illinois. The Federal Circuit also released a nonprecedential order granting an unopposed motion to voluntarily dismiss appeals. Here is the introduction to the opinion and a link to the dismissal.

This week is Court Week at the Federal Circuit, with hearings starting tomorrow and extending to next Monday. As the court previously announced, some of this week’s arguments will take place in Philadelphia. Regardless of where the arguments take place—Philadelphia or Washington D.C.—the Federal Circuit is providing access to live audio of each panel scheduled for argument via the Federal Circuit’s YouTube channel. In total, the court will convene thirteen panels to consider 65 cases. Of these 65 cases, the court will hear oral arguments in 45. And of these argued cases, three cases attracted amicus briefs. Here’s what you need to know about these three cases.

This morning the Federal Circuit released two precedential opinions involving the same plaintiffs-appellees. Both opinions come from a design patent case appealed from the Northern District of Illinois. In the first opinion, the Federal Circuit reverses the district court’s grant of a preliminary injunction and remands the case. In the second opinion, the Federal Circuit vacates the district court’s grant of a preliminary injunction and an order adding defendants to the injunction. Here are the introductions to the opinions.

This week we are previewing oral arguments scheduled for next week at the Federal Circuit in three cases that attracted amicus briefs. Today we highlight Secretary of Defense v. Raytheon Co., a government contract case in which the Secretary of Defense appeals a decision of the Armed Services Board of Contract Appeals. This appeal relates to Raytheon’s compliance with Federal Acquisition Regulations regarding whether lobbying costs and acquisition and divesture costs may be passed on to the government.