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 The court also issued two nonprecedential opinions. The first comes in a patent case appealed from the Eastern District of New York. The second comes in a case appealed from the Court of Federal Claims concerning its jurisdiction. Here are the introductions to the opinions.
Recent Supreme Court Activity
Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, the petitioner submitted his opening merits brief in George v. McDonough, a case which raises a question related to clear and unmistakable error in the context of a denial of a veteran’s claim for benefits. With respect to petitions, three new petitions have been filed: one raising a question in a takings case and two filed by pro se petitioners. The government filed a brief in opposition in a case concerning a government contract. The government also filed waivers of right to respond in a case appealed from the Merit Systems Protection Board as well as in a case submitted by a pro se petitioner. Finally, the Court denied certiorari in a patent case as well as in two cases filed by pro se petitioners. Here are the details.
Opinions & Orders – February 25, 2022 (Update)
Last week, late in the day on Friday the Federal Circuit granted a petition for rehearing and issued a nonprecedential opinion in a patent case. The court noted that Judges Newman and Stoll were recused based on a conflict of interest that was identified by the parties after oral arguments were made and judgment was entered. Judges Moore and Chen replaced Judges Newman and Stoll on the panel. The court admonished that the parties should have notified the court about the conflict sooner and warned that the Federal Circuit expects the utmost candor towards the court concerning conflicts. Here is text from the opinion.
Opinions & Orders – March 2, 2022
The Federal Circuit did not release any opinions or orders this morning on its website.
Recent En Banc Activity
Here is an update on recent en banc activity at the Federal Circuit. The court ordered a stay in the proceedings in a veteran’s case. As for patent cases, the court received a new petition raising questions related to claim construction and the written description requirement. The court also invited a response to the same petition. Finally, the court granted panel rehearing but denied rehearing en banc in response to a petition raising questions related to an alleged conflict of interest and summary affirmances. Here are the details.
Opinions & Orders – March 1, 2022
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.
Recent News on the Federal Circuit
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.”
Supreme Court to Consider Equitable Tolling in Veterans Case
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.
Opinions & Orders – February 28, 2022
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.
Online Symposium: The Federal Circuit: A Failed Experiment in Specialization?
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?