FedCircuitBlog

As we have been reporting, four cases being argued at the Federal Circuit in November attracted amicus briefs. One is Arbutus Biopharma Corp. v. Moderna, Inc., a patent case that has attracted several amicus briefs. In this case, Moderna appeals a district court’s ruling that its COVID-19 vaccine production under a government contract was not protected by 28 U.S.C. § 1498(a) for doses that were not administrated directly to U.S. government employees. On appeal, Moderna presents questions concerning statutory interpretation and the scope of the government-use defense in patent infringement litigation. This is our argument preview.

This morning, the Federal Circuit released two nonprecedential opinions and six nonprecedential orders. One opinion comes in a patent case appealed from the Patent Trial and Appeal Board; the other comes in a veterans case appealed from the Court of Appeals for Veterans Claims. As for today’s orders: one dismisses an untimely appeal from the Court of Federal Claims; one denies a motion to stay and dismisses a petition seeking review of letters from the Office of Personnel Management regarding an annuity calculation; one dismisses an appeal from the Eastern District of Pennsylvania; two transfer petitions to review decisions of the Merit Systems Protection Board; and one grants an unopposed motion to remand a case to the Merit Systems Protection Board. Here are the introductions.  

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. There are currently no cases pending before the Supreme Court that were previously decided by the Federal Circuit. As for petitions, since our last update, one new petition was filed in a pro se case; three waivers of the right to respond to petitions were filed, two in a patent case and one in a pro se case; one brief in opposition was filed in a patent case; a reply brief in support of a petition was filed in a patent case; and one amicus brief was filed in a patent case. Here are the details.

Late yesterday, the Federal Circuit released two nonprecedential orders dismissing appeals. This morning, the court released one nonprecedential opinion and two nonprecedential orders. The opinion comes in a patent case appealed from the Patent Trial and Appeal Board. As for today’s orders, one grants a motion for leave to appeal and summarily affirms a decision of the Court of Federal Claims, and the other grants a motion to remand for additional proceedings in an appeal from the Patent Trial and Appeal Board. Here are the introductions to the opinion and today’s orders, along with links to yesterday’s dismissals.

As we’ve been reporting, four cases being argued at the Federal Circuit in November attracted amicus briefs. One of these cases is Vicor Corp. v. International Trade Commission, a patent case. In this case, Vicor appeals a finding by the International Trade Commission that two manufacturing companies, respondents in the ITC investigation and intervenors in this appeal, obtained a license to Vicor’s patents, and thus were not subject to the limited exclusion order granted by the ITC. This case presents questions related to licenses and contract formation under the Uniform Commercial Code. This is our argument preview.

As we have been reporting, four cases being argued at the Federal Circuit in November attracted amicus briefs. One of these cases is In re Blaze Mobile, Inc., a patent case. In this case, Blaze Mobile appeals a judgment of the Patent Trial and Appeal Board, which affirmed an examiner’s rejection of every claim of a patent during an ex parte reexamination. This case presents questions related to claim construction and non-obviousness. Notably, this case involves the same appellant and similar issues as the case we previewed yesterday, and this case will be argued immediately after that case. This is our argument preview.

Late yesterday, the Federal Circuit released one nonprecedential order granting an agreed motion to dismiss. This morning, the court released one nonprecedential order transferring an employment retaliation case to the District of Columbia. Here is the introduction to today’s order, along with a link to yesterday’s agreed dismissal.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Since our last update, three new petitions for en banc rehearing were filed in cases raising questions related to eligibility, claim construction, PTAB procedure, obviousness, and appellate procedure. Here are the details.

Four cases being argued at the Federal Circuit in November attracted amicus briefs. One of these cases is In re Blaze Mobile, Inc., a patent case. In this case, Blaze Mobile, Inc. appeals a judgment of the Patent Trial and Appeal Board affirming an examiner’s rejection of every claim in a patent during an ex parte reexamination. This case presents questions related to claim construction and non-obviousness. This is our argument preview.

This morning, the Federal Circuit released three nonprecedential opinions and four nonprecedential orders. Two of the opinions come in cases appealed from the Merit Systems Protection Board; the third comes in a patent case appealed from the Central District of California. As for today’s orders, one denies a petition for a writ of mandamus in a case addressing veterans law, one dismisses a case for lack of jurisdiction, one grants an agreed motion to dismiss, and one transfers an employment discrimination case to the Eastern District of Texas. Here are the introductions to the opinions and substantive orders, along with a link to the agreed dismissal.