FedCircuitBlog

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 in a trade case and a patent case, and one petition was denied in a pro se case. Here are the details. 

This morning the Federal Circuit released a precedential opinion in a veterans case appealed from the Court of Appeals for Veterans Claims. In it, the Federal Circuit affirmed the denial of a veteran’s challenge to the reduction of his disability rating. Notably, Chief Judge Moore dissented. The Federal Circuit also released a nonprecedential opinion in a patent case appealed from the District of Delaware. Finally, the Federal Circuit released three nonprecedential orders. The first transfers an appeal to the Court of Appeals for the Fifth Circuit; the second transfers an appeal to the Court of Appeals for the Third Circuit; and the third dismisses an appeal. Here are the introductions to the opinions, text from the orders, and a link to the dismissal.

Here is an update on recent en banc activity at the Federal Circuit. The en banc court issued a long-awaited opinion last week in a veterans case addressing the question of a veteran’s statutory entitlement to education benefits under the Montgomery GI Bill and the Post-9/11 GI Bill. As for petitions in patent cases, the court invited a response to a petition raising a question related to the written description requirement and received two amicus briefs supporting rehearing in the same case. Here are the details.

This morning the Federal Circuit released a precedential opinion in a patent case appealed from the Central District of California. In it, the Federal Circuit affirms the district court’s claim construction, dismissal of a claim, and grant of summary judgment that trade dress is invalid, vacates a denial of summary judgment on an inequitable conduct defense, reverses a grant of summary judgment of invalidity, and remands the case. Late yesterday, the Federal Circuit also released two nonprecedential orders dismissing appeals. 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 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.