FedCircuitBlog

Late yesterday, the Federal Circuit released s nonprecedential order dismissing an appeal. This morning, the Federal Circuit released s precedential opinion in a patent infringement case appealed from the Central District of California. The Federal Circuit also released two nonprecedential opinions, one in a case appealed from the Court of Appeals for Veterans Claims and one in a case appealed from the Court of Federal Claims. Finally, the Federal Circuit released four nonprecedential orders, two denying petitions for writs of mandamus, one remanding a settled case, and one dismissing an appeal. Here are the introductions to the opinions and orders and links to the dismissals.

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today we highlight:

• a post highlighting how “[s]everal amici have weighed in this week on a petition challenging the U.S. Patent and Trademark Office’s (USPTO’s) recession of former USPTO Director Kathi Vidal’s guidance on discretionary denial”;
• an article examining the “courtroom showdown over President Trump’s tariffs” and how “it could still take a lot longer to permanently settle the legal question of whether the president has the authority to impose his wide-ranging tariffs”;
• a piece discussing how the U.S. Patent and Trademark Office is “adding an image search tool . . . to existing tools for utility patent examiners” to expand “how artificial intelligence is used in patent examination”; and
• an article covering how “Novartis Pharmaceuticals Corp. convinced the Federal Circuit to temporarily block MSN Pharmaceuticals Inc. from launching a generic version of blockbuster heart-failure drug Entresto while the two sides contest the need for a lengthier pause.”

This morning, the Federal Circuit released a precedential opinion in a design patent case appealed from a district court and a nonprecedential opinion in a veterans case appealed from the Court of Appeals for Veterans Claims. The Federal Circuit also released three nonprecedential orders dismissing appeals. Here are the introductions to the opinions and links to the dismissals.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. The Court does not have any cases pending with granted petitions. With regard to pending petitions, one new petition was filed asking the Court to consider whether a district court’s actions in substantially reducing the time to trial violated the petitioner’s right to due process. In that same case, a waiver of the right to respond was filed. Waivers of the right to respond were also filed in three other cases. Here are the details.

This morning, the Federal Circuit released four nonprecedential opinions. Two arose from challenges to decisions of the Merit Systems Protection Board. One came in a pro se appeal from a decision of the Court of Federal Claims. The final opinion addressed an appeal from a decision of the Court of Appeals for Veterans Claims. The Federal Circuit also released one Rule 36 summary affirmance, three nonprecedential orders dismissing appeals, and one nonprecedential order granting summary affirmance. Here are the introductions to the opinions and order granting summary affirmance, as well as links to the Rule 36 judgment and dismissals.

Here is an update on recent en banc activity at the Federal Circuit. Since our last update, V.O.S. Holdings filed its response brief in President Trump’s appeal challenging judgments and injunctions entered by the Court of International Trade in cases related to his tariffs. Sixteen amicus briefs were also filed in that case. Additionally, the Federal Circuit received three new petitions for en banc review in patent cases. Here are the details.

Last month, the Federal Circuit held an en banc session to hear oral argument in Percipient.AI v. United States. In this government contract case, the court is considering “who can be ‘an interested party objecting to . . . any alleged violation of statute or regulation in connection with a procurement or a proposed procurement’ under 28 U.S.C. § 1491(b)(1)?” This is our argument recap. 

Late yesterday, the Federal Circuit released a nonprecedential order dismissing an appeal from the Armed Services Board of Contract Appeals. This morning, the Federal Circuit released a nonprecedential opinion in a case challenging a decision of the Merit Systems Protection Board. Here is the introduction to the opinion and a link to the dismissal.

Today, the Federal Circuit announced it will hear oral argument in V.O.S. Selections, Inc. v. Trump on July 31 at 10:00 a.m, with audio of the proceedings livestreamed on its YouTube channel due to high public interest. Here is the full text of the announcement.

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today we highlight:

• an article discussing how the Federal Circuit “recently clarified what prior art may be part of a ‘ground’ in an [inter partes review] and therefore subject to IPR estoppel”;
• a blog post on analyzing “several dozen new discretionary denials” issued by U.S. Patent and Trademark Office Acting Director Coke Morgan Stewart last week;
• a piece discussing the U.S. Patent and Trademark Office’s new “[i]nterim processes for [Patent Trial and Appeal Board] Workload Management”; and
• an article reporting on how Radian Memory Systems LLC “withdrew its injunction motion seeking to block certain Samsung Electronics Co. products several weeks after the Trump administration filed a rare statement of interest in the case.”