FedCircuitBlog

The Federal Circuit did not release any opinions or orders this morning on its website.

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 two orders in patent cases we have been tracking, one order denying a petition for a writ of mandamus related to transfer and another granting a motion to stay the appeal due to potential settlement. We also highlight two new patent cases that attracted amicus briefs. One case attracted an amicus brief addressing the law governing damages for willful infringement and the other attracted two amicus briefs supporting the idea that district courts should impose injunctions to prevent owners of standard essential patents from seeking exclusion orders to prevent infringement by importation. Here are the details.

The Federal Circuit did not release any opinions or orders this morning on its website.

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:

• an article detailing “orders [that] are the latest in a recent series from the Federal Circuit disagreeing with Albright’s analysis of transfer requests”;
• a blog post similarly discussing “[f]our new mandamus orders from the Federal Circuit stemming from Judge Alan Albright’s court in Waco Texas”;
• another article emphasizing the “the importance of contract principles in arbitrability determination[s]”; and
• another blog post explaining how “[t]he Federal Circuit [is] continu[ing] its stringent (if misguided) application of the scope of subject matter eligibility by invalidating claims.”

This morning the Federal Circuit issued two nonprecedential opinions. The first opinion comes in a patent case appealed from the Patent Trial and Appeal Board, and it addresses the Board’s determination that claims are invalid for obviousness. The second opinion comes in veterans case appealed from the Court of Appeals for Veterans Claims, and it addresses the Board of Veterans’ Appeals denial of compensation to a veteran. Here are the introductions to the opinions.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to the Supreme Court’s October 2021 term, the Court still has not granted any petitions in cases decided by the Federal Circuit. Two new petitions, however, were filed with the Court: one in a trade case and one in a takings case. As for previously filed petitions, one brief in opposition and three reply briefs were filed with the Court in patent, Tucker Act, and takings cases. Additionally, the government filed a waiver of right to respond in a pro se patent case, and the Court denied a petition in another pro se case. Here are the details.

This morning the Federal Circuit issued a precedential opinion in a government contract case appealed from the Court of Federal Claims. The court also issued five nonprecedential opinions. The first comes in a government contract case appealed from the Court of Federal Claims. The second comes in a veterans case appealed from the Court of Appeals for Veterans Claims. The third and fourth come in employment cases appealed from the Merit Systems Protection Board. And the fifth comes in a patent case appealed from the Western District of North Carolina. Finally, the court issued a nonprecedential order denying a petition for a writ of mandamus against the Court of Appeals for Veterans Claims. Here are the introductions to the opinions and order.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received a new petition raising questions related to the proper interpretation of a forum selection clause and whether it impacts inter partes review. The court also invited a response and received three new amicus briefs in a case that raised a question related to the written description requirement. Finally, the court denied three petitions raising questions relating to the Patent Trial and Appeal Board’s analysis of the non-obviousness requirement, inter partes review estoppel, and the Federal Circuit’s reversal of a judgment in an inter partes review proceeding based on a teaching away finding. Here are the details.

This morning the Federal Circuit issued two nonprecedential opinions. The first comes in a patent case appealed from the District of Delaware. The second comes in a government contract case appealed from the Court of Federal Claims. The Federal Circuit also issued a nonprecedential order denying a petition for a writ of habeas corpus, a writ of mandamus, and a writ of quo warranto. Finally, the court issued three Rule 36 judgments. Here are the introductions to the opinions and orders and links to the Rule 36 judgments.

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:

• an article detailing how “[t]he Federal Circuit and Judge Albright have been in a constant state of tension over case transfers”;
• another article discussing how Judge Albright was recently “[c]ritical of recent Federal Circuit decisions”; and
• a third article discussing how “Judge Leonard P. Stark will bring a wealth of patent experience to the Federal Circuit.”