FedCircuitBlog

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, the Secretary of Veterans Affairs filed its merits brief in George v. McDonough, which concerns the scope of clear and unmistakable error in the context of veterans’ claims. With respect to petitions, one new petition was filed in a case presenting a question related to Article III standing for patent licensees; a brief in opposition was submitted in a case raising questions related to patent eligibility; and reply briefs were filed in two patent cases: one raising questions related to inter partes review and one raising questions concerning enablement. Here are the details.

This morning the Federal Circuit released a nonprecedential order granting leave to proceed in forma pauperis and transferring the case from the Merit Systems Protection Board to the Northern District of Texas. The Federal Circuit also issued two Rule 36 judgments. Here is the introduction to the order 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 highlighting how “Kathi Vidal, President Joe Biden’s pick to lead the U.S. Patent and Trademark Office, was confirmed by the Senate”;
• another article discussing how, “[a]s part of the ongoing confirmation process for Judge Ketanji Brown Jackson to the U.S. Supreme Court, Senator Thom Tillis (R-NC) submitted . . . 35 IP-related questions . . . and 15 antitrust questions” to Judge Jackson and how Judge Jackson has responded to those questions; and
• a third article identifying major trends in Patent Trial and Appeal Board trials.

This morning the Federal Circuit released three nonprecedential opinions. The first comes in a veterans case appealed from the Court of Appeals for Veterans Claims. The second and third come in cases addressing the jurisdiction of the Court of Federal Claims. Finally, the Court issued a nonprecedential order granting a voluntary dismissal late yesterday. 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 response to a petition raising a question related to the motivation to combine prior art references in an obviousness analysis. The court also invited a response to a petition that raising questions related to the standard for granting a motion to seal court records. The court received an amicus brief in support of a petition raising a question related to the presumption of nexus in an obviousness analysis. Finally, the court received a reply in support of a petition raising questions related to the Appointments Clause. Here are the details.

This morning the Federal Circuit released two nonprecedential opinions in cases appealed from the Court of Federal Claims. The first comes in a pro se employment case and the second addresses a claim for monetary damages for enslavement of the claimant’s Native American ancestors. The court also released five nonprecedential orders as well as a Rule 36 judgment. 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’s report highlights:

• a blog post discussing a pending trademark case involving a rejection of a trademark for being “deceptively misdescriptive”;
• an article highlighting how, in a patent case, “former CAFC Chief Judge, Paul Michel, . . . filed an amicus brief . . . asking the full [Federal Circuit] to resolve ‘unintentional confusion and conflict’ in the court’s obviousness jurisprudence”; and
• another article discussing “a challenge to the $185 million in legal fees a U.S. court awarded . . . in an Affordable Care Act class action that secured $3.7 billion for health insurers.”

This morning the Federal Circuit released a precedential opinion in a patent case appealed from the District of Massachusetts. The opinion vacates and remands based on the finding of an incorrect claim construction ruling by the district court. The Federal Circuit also released two nonprecedential orders. The first order deconsolidates cases appealed from the Patent Trial and Appeal Board, dismisses some of the cases, and informs the parties how they are to proceed on the remainder of the cases. The second order summarily affirms a dismissal by the Court of Federal Claims of a case for failure to pay the docketing fee. Here are the introductions to the opinion and orders.

This week is Court Week at the Federal Circuit, with hearings starting today. The Federal Circuit is providing access to live audio of each panel scheduled for argument via the Federal Circuit’s YouTube channel. In total, including a case set to be argued in two weeks, the court will convene 12 panels to consider about 58 cases. Of these 58 cases, the court will hear oral arguments in 41. Of these argued cases, three attracted amicus briefs: one patent case, one military records case, and one veterans case. Here’s what you need to know about these three cases.

This week we are previewing oral arguments scheduled for next week at the Federal Circuit in three cases that attracted amicus briefs. Today we highlight Skaar v. McDonough, in which McDonough, the Director of Veterans Affairs, appeals a decision by the Court of Veterans Appeals certifying a class action of veterans. Skaar cross-appeals to argue the Court of Veterans Appeals misinterpreted equitable tolling and waiver standards to exclude from the certified class veterans who had not timely appealed past agency decisions. Amicus briefs in support of Skaar were filed by the National Veterans Legal Services Program and 15 Administrative Law, Civil Procedure, and Federal Courts Professors. This is our argument preview.