FedCircuitBlog

This morning, the Federal Circuit released a precedential opinion in a patent case appealed from the Patent Trial and Appeal Board. The Federal Circuit also released nonprecedential opinions in three other patent cases, two in cases appealed from the Patent Trial and Appeal Board and one in a case appealed from the Southern District of Ohio. Finally, the Federal Circuit released a nonprecedential order dismissing an appeal from a judgment of the Merit Systems Protection Board. Here are the introductions to the opinions, along with a link to the dismissal.

Here is this month’s update on activity in cases pending before panels of the Federal Circuit where the cases involve at least one amicus brief. We keep track of these cases in the “Other Cases” section of our blog. Today, with respect to these cases, we highlight a new opinion issued in a patent case resolving a dispute related to claim construction, a new amicus brief in a patent case addressing discretionarily denials of petitions for inter partes review based on parallel district court litigation, a response brief in a patent case involving a dispute related to claim construction, and an intervenor brief filed by the Acting Director of the U.S. Patent and Trademark Office in a case involving an appeal and cross-appeal from an inter partes review proceeding. Finally, the court scheduled oral argument next month in two cases that attracted amicus briefs. Here are the details.

Late yesterday, the Federal Circuit released two nonprecedential orders vacating and remanding cases decided by the Merit Systems Protection Board. This morning, the Federal Circuit released one precedential opinion in a case appealed from the Court of Appeals for Veterans Claims. The court also released three nonprecedential opinions. Two came in patent cases appealed from the Patent Trial and Appeal Board and the Northern District of California. The third came in a case appealed from the Merit Systems Protection Board. Here are the introductions to the opinions and orders.

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today we highlight:

• a piece suggesting the United States government’s decision to file “a Statement of Interest in . . . a patent infringement in the United States District Court for the Eastern District of Texas, Marshall Division,” is “quite telling, and will be taken as extremely good news by patent owners”;
• an article discussing how a “group of five small businesses on Wednesday signed up prominent appellate lawyer Neal Katyal and former federal appeals court judge Michael McConnell to defend their court victory over President Donald Trump’s tariffs”;
• a blog post examining how “[t]he [United States Patent and Trademark Office] has begun implementing a comprehensive enforcement system for false assertions of small entity and micro entity fee status”; and
• a report covering how “Motorola Solutions Inc. challenged the US Patent and Trademark Office’s retroactive application of a policy shift that killed its efforts to invalidate eight patents in administrative proceedings.”

Late yesterday, the Federal Circuit issued a nonprecedential order dismissing an appeal from the Court of International Trade. This morning, the Federal Circuit released two nonprecedential orders. The first dismisses an appeal from the Board of Veterans’ Appeals, while the second transfers a case appealed from the Merit Systems Protection Board to the District of Maryland. Here is the introduction to the order dismissing the appeal from the the Board of Veterans’ Appeals and links to the transfer and dismissal.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With regard to granted petitions, there is no new activity. With regard to pending petitions, two new petitions were filed in pro se cases, and a new reply brief was filed in a patent case raising a question regarding objective indicia of non-obviousness. The Court also denied a petition in another pro se case. Here are the details.

This morning, the Federal Circuit released four nonprecedential opinions, two in patent cases, one appealed from the Armed Services Board of Contract Appeals, and one appealed from the Merit Systems Protection Board. The Federal Circuit also released two nonprecedential orders dismissing appeals in one MSPB case and one patent case. Here are the introductions to the opinions and links to the dismissals.

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.

Today, the Federal Circuit announced that it has appointed a new member of the court’s Advisory Council. Here is the full text of the announcement.

This morning, the Federal Circuit released two nonprecedential opinions, one in a patent case appealed from the Patent Trial and Appeal Board and one in a federal personnel case appealed from the Merit Systems Protection Board. The Federal Circuit also released two nonprecedential orders. One denies a petition for a writ of mandamus seeking to order the Western District of Texas to transfer a patent case to the Northern District of California, and the other transfers a case to the Court of Appeals for the District of Columbia Circuit. Here are the introductions to the opinions and the first order and a link to the second order.