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 petition cases, one new petition was filed in a patent case; a waiver of right to respond was filed in a case raising questions about procedure; a brief in opposition was submitted in another patent case; and the Court denied certiorari in two patent cases.

This morning, the Supreme Court denied the petition for certiorari in American Axle & Manufacturing, Inc. v. Neapco Holdings LLC, an important patent eligibility case decided by the Federal Circuit in 2019. In this case, the petitioner requested the Supreme Court grant review to reconsider the appropriate standard for determining patent eligibility and to determine whether eligibility is a question of law or fact. The Solicitor General previously recommended the Court grant review to reconsider the first question presented, addressing the appropriate standard for determining eligibility. But today the Court denied the petition.

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 petition cases, six waivers of right to respond were submitted; two briefs in opposition were filed, one in an Equal Access to Justice Act case and one in a patent case; and the Court denied certiorari in three cases, two in patent cases and one in an employment case. Here are the details.

One of Justice Breyer’s last acts as an Associate Justice of the Supreme Court might be voting to deny a petition for a writ of certiorari in an important patent eligibility case decided by the Federal Circuit. The case, American Axle & Manufacturing, Inc., tests the precedential value and limits of the test Justice Breyer himself created for patent eligibility ten years go in Mayo Collaborative Services v. Prometheus Laboratories, Inc. Today, the Supreme Court held its last conference of the current term; American Axle was on the list for consideration at today’s conference; and Justice Breyer notified President Biden that his retirement would be effective as of tomorrow at noon eastern.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, the Court set a date for oral argument in Arellano v. McDonough, a veterans case raising questions about equitable tolling of a veterans benefits filing deadline. With respect to petition cases, two new petitions were filed in patent cases; a waiver of right to respond was filed in a veterans case; three amicus briefs were filed in another veterans case; and the Court denied two petitions, one in a patent case and one in a federal employment 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 cases, the Supreme Court issued its opinion in George v. McDonough. With respect to petition cases, four new petitions were filed with the Court; a waiver of right to respond was filed in a veterans case brought by a pro se petitioner; three amicus brief were filed in another veterans case raising a question about the standard of proof for disability claims; and the Court denied two petitions, one in a patent case and one in a pro se case. Notably, in the patent case the petitioner presented the same two questions presented to the Court in American Axle & Mfg, Inc. v. Neapco Holdings LLC. Here are the details.

The Supreme Court issued its opinion today in George v. McDonough. In a six to three decision, the Court affirmed the Federal Circuit’s ruling, finding that “[t]he invalidation of a VA regulation after a veteran’s benefits decision becomes final cannot support a claim for collateral relief based on clear and unmistakable error.” Justice Barrett authored the Court’s majority opinion, joined by Chief Justice Roberts and Justices Thomas, Alito, Kagan, and Kavanaugh. Justice Sotomayor filed a dissenting opinion, as did Justice Gorsuch, who was joined by Justice Breyer and in part by Justice Sotomayor. Here is our summary of the Court’s opinions.

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 petition cases, three new petitions were filed with the Court; a reply brief was filed in a case raising questions related to patent eligibility; and four supplemental briefs were submitted in three patent cases. 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 cases with pending petitions, one new petition was filed by a pro se petitioner; the government filed a waiver of right to respond in another case submitted by a pro se petitioner; and another pro se petitioner submitted his reply brief. Finally, the government submitted the views of the United States in two patent cases: one raising questions about eligibility and another raising a question about standing. Here are the details.

This week–one year and three weeks after the Supreme Court’s order inviting the Solicitor General to express the views of the United States–the Solicitor General finally filed its amicus brief in American Axle & Manufacturing, Inc. v. Neapco Holdings LLC. In this case, the petitioner long ago requested the Supreme Court grant review to reconsider the appropriate standard for determining patent eligibility and to determine whether eligibility is a question of law or fact. This week the Solicitor General recommended the Court grant review to reconsider the first question presented, addressing the appropriate standard for determining eligibility. Here is an update on the case, including a review of the background of the case, a summary of the government’s brief, and a brief discussion of what comes next.