FedCircuitBlog

Today the Federal Circuit issued a precedential opinion in an employment case appealed from the Merit Systems Protection Board. The court also issued two nonprecedential opinions in patent cases. The first comes in a case appealed from the Patent Trial and Appeal Board, and the second comes in a case appealed from the District Court for the District of Massachusetts. Here are the introductions to the opinions.

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

• an article discussing how the Federal Circuit recently denied a mandamus petition;
• another article analyzing the Federal Circuit’s recent rejection of constitutional challenges to inter partes revew proceedings;
• another article focusing on how recent Federal Circuit decisions “have strengthened arguments for invalidating drug patents in two areas”; and
• a blog post explaining how “the Federal Circuit assesses the equitable powers of a legislative court: the Court of Appeals for Veterans Claims.”

This week we have previewed three cases being argued next week at the Federal Circuit that attracted amicus briefs. We had planned to preview one additional case, Cross v. Office of Personnel Management. In this case, Cross asks the Federal Circuit to reverse a decision of the Merits System Protection Board regarding survival benefits. Notably, the Merit Systems Protection Board filed an amicus brief. The court, however, postponed the oral argument for this case until further notice.

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

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 still has not granted any petitions in cases decided by the Federal Circuit. Since our last update, however, a pro se party filed one new petition with the Court in a patent case. As for previously filed petitions, one amicus brief in a veterans case and one waiver of right to respond in a pro se case were filed. Here are the details.

This week we are previewing three cases scheduled to be argued next week at the Federal Circuit that attracted amicus briefs. Today we highlight a tax case, Brown v. United States. In this case, George P. Brown and Ruth Hunt-Brown ask the Federal Circuit to overrule the holding of the Court of Federal Claims that it did not have subject matter jurisdiction over their case because the Browns did not attach a power of attorney to amended income tax returns filed by their agent. This is our argument preview.

This morning the Federal Circuit issued a precedential opinion in a trademark case appealed from the Trademark Trial and Appeal Board. The court also issued a nonprecedential order denying as moot a petition for a writ of mandamus directing the Eastern District of Texas to rule on a motion to dismiss or transfer venue. Here are the introductions to the opinion and order.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received a new petition raising questions related to writs of mandamus. The court invited a response to a petition that raised questions concerning the inducement doctrine’s interaction with the Hatch-Waxman amendments, and the court received two amicus briefs in support of this petition. Finally, the court denied a petition for rehearing en banc in a case that raised a question relating to the nexus requirement for secondary considerations of non-obviousness. Here are the details.

This week we are previewing three cases scheduled to be argued next week at the Federal Circuit that attracted amicus briefs. Today we highlight a trademark case, In re Elster. In this case, Elster asks the Federal Circuit to hold that the Lanham Act’s prohibition on any trademark that “[c]onsists of or comprises a name . . . identifying a particular living individual except by his written consent” violates the Constitution’s First Amendment. This is our argument preview.

This morning the Federal Circuit issued a nonprecedential opinion in a veterans case appealed from the Court of Appeals for Veterans Claims. The opinion addresses the denial of a motion for reconsideration by the Board of Veterans’ Appeals. The court also issued one erratum. Here is the introduction to the opinion and a link to the erratum.