FedCircuitBlog

This morning the Federal Circuit issued two precedential opinions in patent cases appealed from the Patent Trial and Appeal Board. The first opinion vacates a board decision for failure to tie its construction of a claim term to the patent’s specification. The second opinion affirms in part and vacates in part board determinations of unpatentability. The court also released two nonprecedential opinions. The first comes in a patent case appealed from the Eastern District of Missouri. The second comes in veterans case appealed from the Court of Appeals for Veterans Claims. Here are the introductions to the opinions.

This morning the Federal Circuit released a “Notice of Change to January 2022 Session.” In it, the court announced it will conduct all arguments in January by telephone as a result of “public health conditions impacting the National Capital Region.” Here is the text of today’s announcement.

This morning the Federal Circuit issued two nonprecedential opinions. The first comes in a patent case appealed from the Patent Trial and Appeal Board and addresses novelty and obviousness. The second comes in a benefits case appealed from the Merit Systems Protection Board. Additionally, the court issued a nonprecedential order denying a petition for a writ of mandamus seeking to direct the Western District of Texas to dismiss a patent case for improper venue. Here are the introductions to the opinions and order.

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

• an article explaining the new COVID-19 protocols adopted by the court;
• a blog post assessing how “[t]he issue of standing can be outcome-determinative”;
• another blog post noting how SMU Dedman School of Law’s “Tsai Center for Law, Science, and Innovation has posted to its YouTube channel some of the panels from its Fall 2021 Symposium on patent law”; and
• another article discussing “how important it is to review patent applications during research and development to ensure they cover what ends up being the key invention.”

The Federal Circuit did not release any opinions or orders today in light of the federal holiday. Merry Christmas!

This morning the Federal Circuit issued a nonprecedential order denying a petition for panel rehearing and en banc rehearing. The petition comes in a patent case appealed from the District of New Jersey. Notably, Judge O’Malley wrote a dissenting opinion, and Judge Newman dissented without opinion. Here are the introductions to the order and the dissenting opinion.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received a new amicus brief supporting rehearing in a case that raises a question related to the standard for enhanced damages. The court also denied a petition raising questions related to patent eligibility. Here are the details.

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

This morning the Federal Circuit released a Notice of New Revised Protocols for In-Person Argument. Here is the text of today’s announcement.

This morning the Federal Circuit issued a nonprecedential opinion in an employment case appealed from an arbitration decision. The opinion addresses a grievance regarding a former employee’s removal from the U.S. Patent and Trademark Office for alleged unacceptable performance. Here is the introduction to the opinion.