FedCircuitBlog

This morning the Federal Circuit issued a precedential opinion in a patent case appealed from the International Trade Commission. The case addresses whether the ITC abused its discretion in refusing to modify or rescind a civil penalty after a patent was found to be invalid. Here is the introduction to the opinion.

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 how the “Federal Circuit sidestep[ed] [the] determination of generics’ skinny label as protection against induced [patent] infringement”;
• an article detailing how the “Federal Circuit h[eld] that a price ‘quotation’ can trigger [patent law’s] on-sale bar”; and
• another article analyzing how “Disney convince[d] [the] Fed. Circ. to reject [the] ‘Teen Tinker Bell’ trademark.”

As we reported last week, the Supreme Court granted a petition for certiorari in Arellano v. McDonough, which raises questions about equitable tolling with regard to retroactive disability benefits for veterans. This is the second veterans case during the Supreme Court’s October 2021 term in which the Court has granted review. This case arises from a decision that left the Federal Circuit evenly split on the reasons for its decision “that equitable tolling is not available to afford Mr. Arellano an effective date earlier than the date his application for benefits was received.” Here are more details about the case.

This morning the Federal Circuit issued a nonprecedential opinion in a patent case appealed from the Patent Trial and Appeal Board. The opinion affirms the Board’s determination that patent claims were obvious. Here is the introduction to the opinion.

Guest Post by Paul R. Gugliuzza

Professor Rochelle Dreyfuss, probably the keenest academic observer of the Federal Circuit, memorably called the court “a continuing experiment in specialization.” She was writing in 2004, shortly after the twentieth anniversary of the court’s founding. With the court’s fortieth anniversary approaching in 2022, can we finally answer the question: has the Federal Circuit experiment succeeded?

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 three opinions: the first in a death benefit case addressing a former spouse’s annuity, the second in a patent case, and a consolidated cases regarding the Tucker Act. We also highlight reply briefs in three patent cases, and an argument recap in a patent case that attracted two amicus briefs. Here are the details.

This morning the Federal Circuit issued a precedential order concerning attorneys who violated the court’s protocols issued in light of COVID-19. Specifically, while the in-person oral argument protocols allowed only arguing counsel and no more than one attendee to be present, the parties in question brought two arguing counsel and two attendees in violation of the protocols. Notably, the court did not sanction the attorneys, but indicated that “the bar is on notice that this court takes compliance with these protocols very seriously and that sanctions will likely be imposed if a future violation of the protocols takes place.” Here is the introduction to the order.

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

• an article analyzing Judge Stark’s 2018 ruling as a district judge in an important patent eligibility case and how it might portend his analysis of patent eligibility as a judge on the Federal Circuit; and
• a blog post and an article discussing how the Federal Circuit recently addressed estoppel as a result of inter partes review.

This morning the Federal Circuit issued six precedential opinions. The first comes in a patent case appealed from the District of Virginia. The second comes in a trademark case appealed from the Trademark Trial and Appeal Board. The third and fourth come in employment cases appealed from the Merit Systems Protection Board. The fifth and sixth come in Tucker Act and tax cases respectively appealed from the Court of Federal Claims. Finally, the court issues a nonprecedential opinion in a trademark case appealed from the Trademark Trial and Appeal Board. 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. This week the Court granted certiorari in a veterans case that raises questions regarding equitable tolling and retroactive disability benefits. The Court also requested the Solicitor General file a brief expressing the views of the United States in a patent case raising a question regarding standing to challenge the validity of patents. Additionally, three new petitions were filed with the Court: two in cases appealing decisions from the Merit Systems Protection Board and one in a patent case. Moreover, one amicus brief was submitted in a patent case; three briefs in opposition were filed in trade, employment, and veterans cases; one waiver of right to respond was filed in a patent case; three petitions were denied; and one petition was dismissed. Here are the details.