FedCircuitBlog

Here is an update on recent en banc activity at the Federal Circuit. Since our last update, the Federal Circuit has scheduled oral argument in President Trump’s appeal challenging judgments and injunctions entered Court of International Trade in cases challenging his tariffs. Also three new en banc petitions have also been filed in patent cases, two appealed from the Patent Trial and Appeal Board and one appealed from a district court. Here are the details.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With regard to granted petitions, last week the Supreme Court issued its opinion in the last remaining case this term that had been decided by the Federal Circuit. With regard to pending petitions, two new petitions were filed in patent cases. The Court also denied two petitions, one raising a question related to patents and one raising questions relating to government contracts. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Since our last update, the Federal Circuit heard oral argument in an en banc government contract case. The Federal Circuit also received two amicus briefs and the government’s reply brief in President Trump’s pending case involving tariffs, in which the en banc court granted an immediate administrative stay of the judgments and permanent injunctions entered by the Court of International Trade. As for petitions, the court received an amicus brief in a case with a petition raising questions related to interpretation of the statute defining the power of the International Trade Commission. The Federal Circuit also denied a petition in a patent case. Here are the details.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted petitions, there has been no new activity since our last post. With respect to pending petitions, there were three waivers of right to respond to petitions, one in a pro se case, one in a patent case, and another in a government contracts case. There were also two new replies filed in support of petitions in patent cases. Finally, there were two denials of petitions filed in patent cases. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Since our last update, the en banc court issued an order granting an immediate administrative stay of judgments and permanent injunctions. As for the two pending en banc cases, the court will hear oral argument next week in one, a government contract case, and the court received an amicus brief in the other, which raises questions related to statutory interpretation and agency deference. As for pending petitions, since our last update the court received five new petitions, three in patent cases, one in a case raising questions related to statutory interpretation, and one in a pro se case. In addition, a response has been filed to a petition in a patent case raising a question related to collateral estoppel. The court also denied two petitions for en banc rehearing in a patent case and a pro se case. Here are the details.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted petitions, the Supreme Court recently heard oral argument and issued opinions, respectively, in two cases decided by the Federal Circuit. With respect to pending petitions, three new petitions have been filed in two patent cases and a pro se case, a brief in opposition and a reply brief was filed in case raising a question related to certification of questions of law, and another reply brief was filed in support of a petition in a patent case. Finally, since our last update the Court has denied two petitions, one raising questions related to recusal and the other raising a question related to patent infringement. Here are the details.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted petitions, the petitioner filed his reply brief in Soto v. United States, a veterans case. With respect to pending petitions, one new petition was filed in a government contract case; a waiver of the right to respond was filed in a takings case; a brief in opposition was filed in a patent case; and an amicus brief was filed in the same takings case. In addition, the Court denied petitions in two patent cases and five pro se cases. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Since our last update, the court received a petition raising a question related to patent eligibility. The court also issued an invitation for a response to a petition raising a question regarding Article III jurisdiction to adjudicate patent infringement when the relevant patent has already expired. The court has also recently denied two petitions. The first denied petition raised a question concerning whether an abandoned patent application that becomes publicly available only after a challenged patent’s critical date is a printed publication that can form the basis for an inter partes review proceeding. The second denied petition raised questions concerning expert testimony to prove infringement of a means plus function element, claim construction, and the reverse doctrine of equivalents. Here are the details.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted petitions, oral argument in Soto v. United States will take place later this month. With respect to pending petitions, one new petition was filed in a patent case. The Court also received a waiver of the right to respond to the petition in that patent case, along with a reply brief in another patent case. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit. Since our last update, three new petitions have been filed, and two previously filed petitions have been denied. The first new petition raises a question related to Article III jurisdiction to adjudicate patent infringement when the patent has already expired; the second raises a question regarding whether a court can rule on a motion for summary judgment of invalidity of a patent after ruling that the plaintiffs lacked standing; and the third raises a question concerning collateral estoppel related to a decision of the Patent Trial and Appeal Board. The two denied petitions came in a pro se case and in an appeal related to obviousness. Here are the details.