FedCircuitBlog

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.

Here is an update on recent activity at the Supreme Court. With respect to granted cases, the respondent’s merits brief was filed in Soto v. United States, a veterans case. While no new petitions were filed, one new reply in support of a petition was filed in Celanese International Corp. v. International Trade Commission, a patent case addressing the on-sale bar. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit. As for granted petitions, a response brief was filed in a pending en banc case raising questions regarding how to establish standing to allege a violation of a statute or regulation in connection with the procurement of a government contract. As for pending petitions, a new petition has been filed in a patent case; a response has been filed to a petition raising multiple questions regarding patent ownership and a district court’s authority to prohibit parties from sharing part of a claim construction with a jury; and an amicus brief has been filed in support of a petition raising 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. Here are the details.

Here is an update on recent activity at the Supreme Court. With respect to granted cases, there is no new activity to report. While no new petitions were filed, waivers of the right to respond were filed in a patent case and a pro se case. Additionally, the Court denied a petition in another pro se case. 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 has denied three petitions for en banc rehearing. These petitions raised questions concerning the substantial evidence standard for review of decisions of the Patent Trial and Appeal Board, the test for analogous prior art, after-arising technologies, the written description and enablement requirements, and waiver of alternative grounds for affirmance. 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 cases, there is no new activity to report. With respect to petitions, new petitions were filed in a takings case and a pro se case. The Court also received waivers of the right to respond in five pro se cases; briefs in opposition in two patent cases; a supplemental brief in a case addressing Federal Circuit Rule 36; and two new amicus briefs in a patent case. In addition, the Court denied petitions in two patent cases and two cases addressing Rule 36. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Since our last update, two new petitions have been filed. One of the two new petitions raises multiple issues regarding patent ownership and a district court’s authority to prohibit parties from sharing part of a claim construction with a jury. The other new petition raises 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.