FedCircuitBlog

Earlier this month the Federal Circuit heard oral argument in Milton v. United States, a case arising from the Court of Federal Claims. We have been following this case because it attracted an amicus brief. In this case, 150 plaintiffs are appealing a grant of summary judgment for the United States. These plaintiffs-appellants have asserted takings claims against the federal government based on properties that were flooded as a result of government action when the Addicks and Barker Reservoirs released water during Hurricane Harvey. The amicus brief was filed by 205 other plaintiffs with similar cases that have been stayed by the Court of Federal Claims. Judges Lourie, Chen, and Cunningham heard the argument. This is our argument recap.

This morning the Federal Circuit released a notice that its 2022 Judicial Conference, originally scheduled for April 1, has now been moved to September 9, 2022. The court will no longer be sitting for oral argument on September 9, and the calendar has been updated on its website. Here is the full text of today’s announcement.

This morning the Federal Circuit issued a nonprecedential opinion in a patent case appealed from the Patent Trial and Appeal Board.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 decision that patent claims are not patentable but instead obvious under 35 U.S.C. § 103. The court also issued a Rule 36 judgment. Here is the introduction to the opinion and a link to the Rule 36 judgment.

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

• an article identifying the “top issues for the U.S. Patent and Trademark Office in 2022”;
• another article providing a 2021 “review: trademarks, copyrights and patents”; and
• a third article discussing how the Federal Circuit recently ruled “that retired military members count as civilians for service on the Board for Correction of Naval Records.”

A Federal Circuit panel heard oral argument earlier this month in SAS Institute Inc. v. World Programming Ltd., a copyright case originally filed in the Eastern District of Texas. We have been following this case because it attracted ten amicus briefs, six in support of SAS and four in support of WPL. In this case, SAS appeals a decision by the district court dismissing its claim of copyright infringement by WPL. SAS contends the district court incorrectly analyzed the copyrightability of a computer program and improperly excluded relevant witness testimony. Judges Newman, Reyna, and Wallach heard the oral argument. This is our argument recap.

This morning the Federal Circuit issued two nonprecedential opinions. The first comes in a patent case also involving trade secrets. This case was appealed from the Central District of California. The second comes in an employment case appealed from the Merit Systems Protection Board. Here are the introductions to the opinions.

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 an opinion in a tax case addressing subject matter jurisdiction and “duly filed” requirements, a new patent case about prosecution laches that attracted an amicus brief, and an upcoming oral argument in a case appealed from the Patent Trial and Appeal Board. Here are the details.

This morning the Federal Circuit issued a precedential opinion in a patent case appealed from the International Trade Commission. The Federal Circuit vacated a judgment based on a claim construction adopted by the International Trade Commission and remanded the case. The court also issued a Rule 36 judgment. Here is the introduction to the opinion and a link to the Rule 36 judgment.

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

• a blog post detailing noting “its 15th annual list of top patent stories [for 2021]”;
• another blog post assessing how a recent Federal Circuit decision “was an easy mandamus transfer”; and
• yet another blog post discussing how “Professor Jessica Litman has a fascinating forthcoming book chapter on the history of the Lanham Act and the influence of Edward S. Rogers.”

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 granted certiorari in a veterans case. The Court also requested the Solicitor General to file a brief expressing the views of the United States in a patent case. No new petitions were filed, but one amicus brief was submitted in support of a petition in a patent case and a waiver of right to respond was filed in a pro se case. Additionally, the Court denied four petitions: two in patent cases and two in pro se cases. Here are the details.