FedCircuitBlog

This morning the Federal Circuit issued two nonprecedential opinions. The first comes in a case appealed from the Northern District of Alabama concerning a motion to transfer a Fair Labor Standards Act claim to the Court of Federal Claims. The second comes in an employment case appealed from the Merit Systems Protection Board concerning the jurisdiction of the Board. Here are the introductions to the opinions.

This morning the Federal Circuit issued a precedential opinion reviewing an order transferring an Equal Pay Act claim from the Eastern District of Louisiana to the Court of Federal Claims. The Federal Circuit also issued two nonprecedential opinions. The first comes in an employment case appealed from the Merit Systems Protection Board, while the second comes in a trademark case appealed from the Trademark Trial and Appeal Board. Finally, the court issued two Rule 36 judgments. Here are the introductions to the opinions and links to the Rule 36 judgments.

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

• a blog post assessing whether Section 1052(c) of the Lanham Act is “a “First Amendment-free zone”;
• an article analyzing Cellspin Soft’s challenge of the U.S. Patent and Trademark Office’s denial of “Director review following a pair of inter partes review (IPR) proceedings”;
• another article discussing the Federal Circuit’s affirmation of a Patent Trial and Appeal Board ruling “that certain claims were invalid as anticipated by an earlier priority application from the same family”; and
• yet another article explaining how the Trademark Trial and Appeal Board determined that “[a] trademark registration applicant can’t register a mark for a business that is in the ‘nascent stage.’”

This morning the Federal Circuit issued a precedential opinion in a government contract case appealed from the Court of Federal Claims. The Federal Circuit also issued a nonprecedential opinion in a veterans case appealed from the Court of Appeals for Veterans Claims. Finally, the Federal Circuit issued two Rule 36 judgments. Here are the introductions to the opinions and links to the Rule 36 judgments.

This morning the Federal Circuit released three opinions: a precedential opinion addressing jurisdiction in a case appealed from the Court of Federal Claims; a precedential opinion in an international trade case; and a nonprecedential opinion in a pro se case. 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. 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 report, however, ten new petitions have been filed in patent, government contract, veterans, and pro se cases; briefs in opposition have been filed in three patent and veterans cases; replies in support of petitions have been filed in three patent cases; the Court requested a response to a petition in a patent case; and the Court denied petitions in three patent, trademark, and pro se cases. Here are the details.

This morning the Federal Circuit released two nonprecedential opinions affirming dismissals for lack of jurisdiction in pro se cases, along with a Rule 36 summary affirmance. Here are the introductions to the opinion and a link to the Rule 36 judgment.

This morning the Federal Circuit released a precedential opinion in a patent case appealed from the Northern District of West Virginia. In the opinion, based on a changed claim construction the court vacated a judgment of noninfringement, but the court also affirmed a determination of nonobviousness. Judge Taranto dissented in part based on disagreement with the Federal Circuit’s claim construction. The court also released a nonprecedential opinion in a patent case appealed from the Patent Trial and Appeal Board and another nonprecedential opinion in a pro se case. Here are the introductions to the opinions.

This morning the Federal Circuit released two precedential opinions, a nonprecedential opinion, and two nonprecedential orders. The precedential opinions come in a government contract case appealed from the Court of Federal Claims and a patent case appealed from the Patent Trial and Appeal Board. The nonprecedential opinion comes in a pro se case dismissed for lack of jurisdiction. The nonprecedential orders dismiss petitions for writs of mandamus, one seeking to order transfer in a patent case and the other in an apparent pro se case pending at the Court of Federal Claims. 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:

• two articles discussing Federal Circuit-nominee and currently District of Delaware Judge Leonard Stark’s recent confirmation hearing;
• another article about a potential patent infringement lawsuit related to a COVID-19 vaccine; and
• an article discussing a recent petition filed at the Supreme Court related to patent eligibility law.