FedCircuitBlog

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received a petition raising questions related to claim construction and another petition raising questions related to prosecution laches, and the court also invited a response to the same petition raising questions related to prosecution laches. Here are the details.

This morning the Federal Circuit released five nonprecedential orders dismissing appeals. Here are links to the dismissals.

The Federal Circuit recently issued its opinion in Behrens v. United States, a takings case we have been following because it attracted amicus briefs. In the case, the Behrens appealed a determination by the Court of Federal Claims that the Behrens were not entitled to compensation because the scope of an easement was broad enough to encompass railbanking and the construction of a hiking and biking trail. In an opinion authored by Judge Dyk and joined by Judges Taranto and Hughes, the Federal Circuit reversed the judgment of the Court of Federal Claims and remanded the case. This is our opinion summary.

This morning the Federal Circuit released one precedential opinion and two nonprecedential opinions.  In the precedential opinion, the court dismissed a case appealed from the Merit Systems Protection Board. In the first nonprecedential opinion, the court affirmed a judgment of the the Court of Federal Claims. In the second nonprecedential opinion, the Federal Circuit affirmed another judgment in an appeal from the Middle District of Florida.  Here are the introductions to the opinions.

On Friday, the Federal Circuit announced that Jarrett B. Perlow will be the next Circuit Executive and Clerk of Court. He will take over the relevant responsibilities on July 1, 2023. Here is the full text of the notice.

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

• an article discussing why “inventors [should be] wary of exhibiting their inventions too early”;
• a blog post about a Federal Circuit decision finding a district court’s “preliminary injunction barring the owner of patents . . . from communicating to its customers that a competitor was infringing its patents” was an abuse of its discretion; and
• another article about a former Sirius XM executive’s “challenge to an order compelling her to testify in a patent dispute” and the conclusion of the U.S. Court of Appeals for the D.C. Circuit that the Federal Circuit held jurisdiction over an appeal from the order.

The Federal Circuit recently issued its opinion in PrimeSource Building Products, Inc. v. United States, an international trade case we have been following because it attracted an amicus brief. In this case, the government appealed a determination by the Court of International Trade that the President exceeded his authority by issuing a proclamation outside a statutory time limitation. In an opinion authored by Judge Taranto and joined by Judges Chen and Stoll, the Federal Circuit reversed the judgment of the Court of International Trade. This is our opinion summary.

Late yesterday and today, the Federal Circuit released one precedential opinion, two nonprecedential opinions, and two nonprecedential orders. In the precedential opinion, the court lifted an injunction and affirmed a judgment in a patent case appealed from the District of Delaware. In the two nonprecedential opinions, the Federal Circuit reversed judgments in patent cases appealed from the Patent Trial and Appeal Board. Finally, in the two nonprecedential orders, the Federal Circuit dismissed cases appealed from the Patent Trial and Appeal Board. Here are the introductions to the opinions and links to the orders.

Yesterday, the Federal Circuit issued a Notice of Adopted Amendments to the Federal Circuit Rules of Practice. In it, the court amends 18 Federal Circuit Rules of Practice. The new amendments will take effect on March 1, 2023. Here is the full text of the announcement and a summary of the amendments.

The morning the Federal Circuit released three nonprecedential opinions and a nonprecedential order. In the first opinion, the court affirmed a judgment of unpatentability in a case appealed from the Patent Trial and Appeal Board.  In the second opinion, the Federal Circuit affirmed a judgment of the Merit System Protection Board.  In the third opinion, the Federal Circuit affirmed a judgment in a patent case appealed from the Eastern District of Texas. The nonprecedential order issued by the Federal Circuit granted a motion to withdraw a petition for a writ of mandamus. Here is the introduction to the opinions and order.