FedCircuitBlog

This morning, the Federal Circuit released two precedential opinions, two nonprecedential opinions, and five nonprecedential orders. One of the precedential opinions comes in a patent case. The other comes in an appeal from the Court of International Trade. As for the nonprecedential opinions, one comes in a patent case, and the other comes in a pro se case. One of the orders denies a petition for a writ of mandamus in a pro se case, while the other four are dismissals of appeals. Here are introductions to the opinions and the order denying the petition as well as links to the dismissals.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. Since our last update, the government filed its opening brief and several amicus briefs were filed in President Trump’s tariff case. Regarding pending petitions, three new petition were filed, one in a patent case and two in pro se cases. Additionally, respondents filed waivers of the right to respond in two cases. Here are the details.

This morning the Federal Circuit released a precedential opinion in a patent case appealed from the Eastern District of Texas. The Federal Circuit reversed a denial of judgment as a matter of law and, as a result, vacated a damages award. Here is the introduction to the opinion.

Here is an update on recent en banc activity at the Federal Circuit. Since our last update, with respect to granted petitions we have posted an opinion summary for a government contract case and an argument recap for a case addressing federal personnel law. With respect to pending petitions, two new petitions for en banc rehearing have been filed, one raising a question related to claim construction and one a question related to prosecution history estoppel. The Federal Circuit also denied petitions for en banc rehearing in two patent cases, one raising a question related to patent eligibility and one raising questions related to Federal Rule of Civil Procedure 52. Here are the details.

Late yesterday, the Federal Circuit released two nonprecedential orders dismissing appeals. This morning, the Federal Circuit released a precedential opinion and a nonprecedential order. The opinion comes in an appeal from the Patent Trial and Appeal Board. The order is a dismissal. Here is the introduction to the opinion along with links to the dismissals.

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

• a blog post reporting on V.O.S. Selections, Inc. v. Trump and how “[t]he Trump administration . . . urged the Supreme Court to uphold President Donald Trump’s power to impose sweeping tariffs”;
• a commentary discussing how “President Donald Trump’s global tariffs and his bid to oust Federal Reserve Governor Lisa Cook . . . are now in the hands of the U.S. Supreme Court, which will decide how far he can go to reshape and control the levers of the economy”;
• a blog post explaining how “[r]ecent cases involving design patents on appeal to . . . the Federal Circuit highlight significant developments and issues”; and
• an article addressing how “the U.S. Senate has confirmed John Squires to serve as director of the U.S. Patent and Trademark Office.”

Late last month, the Federal Circuit issued its en banc opinion in Percipient.AI, INC. v. United States. In this case, Percipient.ai appealed a judgment of the Court of Federal Claims, which dismissed its bid protest for lack of standing. In an opinion authored by Judge Hughes and joined by Judges Dyk, Prost, Reyna, Chen, Cunningham, and Stark, the Federal Circuit affirmed the lower court’s judgment. Notably, Judge Stoll filed a dissenting opinion that was joined by Chief Judge Moore and Judges Lourie and Taranto. This is our opinion summary.

This morning, the Federal Circuit released a nonprecedential order dismissing an appeal from a decision of the Patent Trial and Appeal Board. Here is a link to the dismissal.

Late last month, the Federal Circuit released its opinion in Google LLC v. Sonos, Inc., a patent case we have been following because it attracted five amicus briefs. In this case, the Federal Circuit reviewed a judgment of the Northern District of California holding several patent claims invalid and two patents unenforceable based on prosecution laches. The panel, consisting of Federal Circuit Judges Lourie and Prost and District of New Jersey Chief Judge Renée Bumb, reversed in part and affirmed in part. This is our opinion summary.

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

• an article suggesting President Trump’s tariffs case “will shape US economic policy for years to come—and its effects will reach far beyond tariffs”;
• an article discussing the “legality of President Trump’s tariffs under the International Emergency Economic Powers Act”;
• an article indicating the Federal Circuit “clarified several important principles governing patent claim construction” in a series of decisions issued between March and August; and
• an article arguing “[t]he Commerce Department is mulling a change to the 235-year-old patent system that would impair American start-ups.”