FedCircuitBlog

Today the Supreme Court issued its decision in Romag Fasteners, Inc. v. Fossil, Inc., ruling that trademark owners need not prove willfulness to disgorge infringers’ profits. Justice Gorsuch authored the opinion for the Court, which vacated and remanded a contrary decision by the Federal Circuit. Justice Gorsuch’s opinion was joined by every member of the Court except Justice Sotomayor. Here are the details.

This morning the Federal Circuit issued three opinions: one precedential opinion in a patent case; one precedential opinion in a tax case; and one nonprecedential opinion in a takings case.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. Parties filed new petitions in two cases. Several amici filed amicus briefs in Baley v. United States.

This morning the Federal Circuit issued one precedential opinion in a patent case, one precedential opinion in a takings case, one nonprecedential opinion in a veterans case, and one nonprecedential opinion in a patent case. Here are the introductions to the opinions.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include new petitions filed in six cases raising questions relating to design patent claim construction, damages, claim construction, eligibility, inequitable conduct, non-obviousness, joinder, and deference to Precedential Opinion Panels; three requests for responses to petitions raising questions related to venue, eligibility, non-obviousness, and claim construction; and the denial of six petitions raising issues including the Appointments Clause, claim construction, prosecution history estoppel, and damages. Here are the details.

This morning the Federal Circuit issued two precedential opinions in patent cases and one nonprecedential erratum. Here are the introductions to the opinions and the text of the erratum.

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights a Federal Circuit decision related to proposed amended patent claims at the Patent Trial and Appeal Board, amicus briefs urging the Supreme Court to undo harm caused by Fresenius, a comment on the increase of Federal Circuit opinions caused by record oral argument cancellations, and a Federal Circuit decision which sheds new light on Section 101 defenses.

This morning the Federal Circuit issued one precedential opinion in a veterans case, one nonprecedential opinion in a patent case, and one nonprecedential opinion in a Merit Systems Protection Board case. The court also issued three Rule 36 summary affirmances. Here are the introductions to the opinions and list of the summary affirmances.

This morning the Supreme Court issued its opinion in Thryv, Inc. v. Click-to-Call Technologies, LLC. The Court held that time-bar decisions made by the Patent Trial and Appeal Board when determining whether to institute inter partes review proceedings are not appealable. Justice Ginsburg authored the majority decision. Justices Gorsuch and Sotomayor dissented.

About once a month we provide an update on activity in important patent cases. In particular, we keep track of patent cases pending before panels of the Federal Circuit, where the cases involve at least one amicus brief. We also keep track of non-patent cases that attract amicus briefs, but only once those cases have been scheduled for oral argument. Finally, we also highlight panel cases we find important. You can find all of these cases in the “Other Cases” section of our blog. Today, with respect to these cases, we highlight two patent cases with new briefing, an argument recap in the only such case argued in April, and three upcoming oral arguments in these cases. Here are the details.