FedCircuitBlog

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

Yesterday the United States Senate’s Committee on the Judiciary heard testimony from Tiffany Cunningham, President Biden’s nominee to become the newest judge on the Federal Circuit. Here is a collection of reports about yesterday’s hearing.

Chicago attorney Tiffany Cunningham Sprints Through Senate Judiciary Committee Hearing – Lynn Sweet, a reporter for the Chicago Sun Times, mentions in her article that “[i]f confirmed, [Cunningham] will be the first Black judge to sit on the U.S. Court of Appeals for the Federal Circuit in D.C.”

Who is Tiffany Cunningham? – In her article on NationalReview.com, Carrie Campbell Severino reviews President Biden’s nominee for the Federal Circuit, Tiffany Cunningham, and the recent Senate Judiciary Committee nomination hearing.

Judge (Upcoming) Tiffany Cunningham – Dennis Crouch reports on PatentlyO.com on Tiffany Cunningham’s hearing and attaches Cunningham’s written answers.

Federal Circuit is ‘Dream Job,’ Cunningham Tells Senate Panel – Matthew Bultman, on BloombergLaw.com, reports about the nominee Tiffany Cunningham, who described a seat on the Federal Circuit as a “dream job.”

Here are more details on each article or blog post.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. Five new petitions were filed with the Court–four in patent cases and one in a pro se case. Additionally, the respondents in two different patent cases filed their briefs in opposition, while the Court requested a response to a petition in a government contract case. Upon the parties’ request, the Court dismissed Ariosa Diagnostics, Inc. v. Illumina Inc.. Finally, the Court denied two other petitions, one in a trademark case and one in a patent case.

Here are the details.

This morning the Federal Circuit issued a nonprecedential order in a patent case granting a petition for panel rehearing to the extent that the panel withdrew and replaced its precedential opinion in the same case. The order indicates that the precedential opinion, also issued today, differs from the original opinion only to the extent that the panel added one additional sentence, which explains why summary judgment was inappropriate. The court also issued a nonprecedential opinion in another patent case. Here is text from the order and the introductions to the opinions.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. While there were no recent petitions, responses to petitions, or denials of petitions, the court did receive several amicus briefs. One amicus brief came in Apple Inc. v. Qualcomm Inc., a case concerning the panel’s decision to deny competitor standing in an appeal from the Patent Trial and Appeal Board. Three came in Amgen Inc. v. Sanofi, Aventisub LLC, where the petition raised questions related to “the panel’s new enablement test for genus claims with functional limitations” and whether that test is consistent with Supreme Court precedent on point. Here are the details.

This morning the Federal Circuit issued a nonprecedential order denying a petition for a writ of mandamus seeking to order the United States District Court for the Western District of Texas to stay all non-venue proceedings until ruling on a motion to dismiss or transfer. Here is language from the opinion.

Federal Circuit PTAB Appeal Statistics through April 30, 2021 – In an article posted to the National Law Review, Daniel Klodowski and Elliot Cook reported on statistics related to the Federal Circuit’s resolution of appeals from the Patent Trial and Appeal Board.

Partial Victory for L’Oreal In Hair Coloring Fight – Jillian Ambrose and Christine Hawes posted to CrowellTradeSecretsTrends.com about a recent opinion by the Federal Circuit in a trade secrets battle between Olaplex, Inc. and L’Oreal.

Vaccine Injury Victim Gets Pay, Despite Medical Records Silence – Mary Anne Pazanowski explained how a Vaccine Act claimant was awarded compensation after the Federal Circuit reversed a lower court’s decision.

Here is the latest.

This morning the Federal Circuit announced that newly-installed Chief Judge Moore (who on Saturday assumed the position of Chief Judge) has appointed seven new members of the court’s Advisory Council, including a new Chair of the Council. Here is the text of this morning’s announcement, along with a brief rundown of the new members of the Advisory Council.

This morning the Federal Circuit issued two nonprecedential opinions, one in a trademark case appealed from the Trademark Trial and Appeal Board and one in a patent case appealed from the Patent Trial and Appeal Board. The court affirmed the Boards in both opinions. Here are the opinions’ introductions.

Saturday, the Federal Circuit announced modified access restrictions to the National Courts Building due to the ongoing COVID-19 pandemic. Notably, effective today the court is accessible to litigants and “any other parties who will be physically present in the courthouse because of their participation in a scheduled hearing that day.” In other words, it appears the court will return to in-person oral arguments. Here is the text of this weekend’s announcement.