Here is an update on recent en banc activity at the Federal Circuit. In the only pending en banc case, a veterans case, the court received the appellee’s supplemental brief. As for patent cases, the court received a new petition raising a question related to the ability to revise infringement contentions during litigation and denied two petitions raising questions related respectively to vacatur of a preliminary injunction and claim construction. Here are the details.
Recent En Banc Activity
Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received three petitions, one raising questions related to subject matter eligibility and two raising questions related to the applicable test for non-obviousness of designs under design patent law. The court invited a response to the petitions raising questions related to the applicable test for non-obviousness of designs under design patent law. Finally, the court denied a petition raising a question related to claim construction. Here are the details.
Opinion Summary – Doyon v. United States
The Federal Circuit recently issued its opinion in Doyon v. United States, a case we have been following because it attracted amicus briefs in favor of Doyon. In the case, Doyon appealed a judgment of the Court of Federal Claims upholding a decision by the Board for the Correction of Naval Records to deny an application to correct discharge records. In an opinion authored by Judge Chen and joined by Judges Newman and Linn, however, the Federal Circuit vacated the judgment of the Court of Federal Claims and remanded the case with instructions. This is our opinion summary.
Recent En Banc Activity
Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received a new petition raising a question related to the attorney-client privilege. The court also denied a petition in a case raising questions related to the standard for claim construction. Here are the details.
Federal Circuit Announces Temporary Closing of the Clerk’s Office and Circuit Library
Yesterday, the Federal Circuit announced its Clerk’s Office and library will be closed today from 1:00 to 2:30 pm Eastern. Here is the text of the announcement.
Opinions & Orders – December 13, 2022
Today the Federal Circuit released two nonprecedential orders dismissing appeals, a summary affirmance, and another order dismissing an appeal. Here is text from the first two orders and a link to the summary affirmance and last order.
Federal Circuit Announces Closure for Thanksgiving
Late yesterday the Federal Circuit released an announcement that the court is closed both today and tomorrow in observance of today’s Thanksgiving holiday. Here is the full text of the announcement.
Recent En Banc Activity
Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received two new petitions raising questions related to patent eligibility and inter partes review estoppel. Here are the details.
Opinions & Orders – July 13, 2022
This morning the Federal Circuit released a precedential opinion in a patent case appealed from the District of Delaware, affirming the district court’s denial of a motion for a preliminary injunction. The Federal Circuit also released a nonprecedential opinion in a veterans case appealed from the Court of Appeals for Veterans Claims. Here are the introductions to the opinions.
Opinions & Orders – July 4, 2022
The Federal Circuit did not release any opinions or orders today given the Independence Day holiday.
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