Featured / Federal Circuit Announcement

Federal Circuit Releases Updated Public Advisory Converting All Remaining April Arguments to Telephonic Hearings

This afternoon the Federal Circuit issued an “Updated Public Advisory Concerning the Federal Circuit’s April 2020 Sitting.” In it, the court announced it is converting all remaining oral arguments still scheduled for April to telephonic hearings. Here are the details.

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Featured / Opinions

Today’s Opinions – March 18, 2020

This morning the Federal Circuit issued one precedential opinion in a patent case. Notably, in a concurrence in that case, all three judges on the panel express their view that, were the relevant statute ambiguous, they “would find that no deference is due” to a prior opinion issued by the U.S. Patent and Trademark Office’s Precedential Opinion Panel. Here are the introductions to the majority and concurring opinions.

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En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include new petitions filed in thirteen cases raising questions related to the Appointments Clause, venue, and claim construction and the denial of six petitions raising questions related to non-obviousness, anticipation, inherency, procedure, the statutory experimental use exception, and the Appointments Clause. Here are the details.

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Opinions

Today’s Opinions – March 17, 2020

This morning the Federal Circuit issued a precedential opinion in a patent case, a nonprecedential opinion in a patent case, a nonprecedential opinion in an MSPB case, and a nonprecedential order denying a petition for a writ of mandamus in a patent case. Here are the introductions to the opinions and text from the order.

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News

Recent News on the Federal Circuit

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights an article discussing the Federal Circuit’s modification to its April oral argument schedule given the coronavirus pandemic, a note on the denial of a request by the Electronic Frontier Fountain for the Federal Circuit to broadcast an upcoming hearing, and a press release announcing a Supreme Court petition challenging the Federal Circuit’s affirmation of a Court of Claims decision rejecting a takings challenge to the re-allocation of irrigation water rights by the U.S. Bureau of Reclamation.

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Featured / Federal Circuit Announcement

Federal Circuit Issues Public Advisory Restricting Access to the National Courts Building

This morning the Federal Circuit issued a “Public Advisory Restricting Access to the National Courts Building,” which puts in place restrictions effective at noon Eastern time today. The Advisory indicates these restrictions “will help promote the safety and health of both court staff and members of the public conducting court business.”

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Opinions

Today’s Opinions – March 16, 2020

This morning the Federal Circuit issued one precedential opinion in a patent case, one nonprecedential opinion in a patent case, and six Rule 36 judgments. Here are the introductions to the opinions and a list of Rule 36 judgments.

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Scholarship

Recent Scholarship Related to the Federal Circuit

This month we highlight two papers and two books. The first paper analyzes opinion assignments within the Federal Circuit, while the second paper considers the remedy of disgorgement in intellectual property cases. The first book focuses on the challenges 3D printing poses to traditional intellectual property regimes, while the second book analyzes the possibility of standardizing remedies for patent infringement in the context of complex products like smartphones and laptops.

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Opinions

Today’s Opinions – March 13, 2020

This morning the Federal Circuit issued three precedential opinions in patent cases and one nonprecedential order in a patent case. Here are the introductions to the opinions and the text of the order.

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News

Recent News on the Federal Circuit

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights a call for the Federal Circuit to live stream an upcoming hearing for the public, a petition to the Supreme Court related to sovereign immunity and venue, and an appeal to the Federal Circuit of a ruling granting an extra year of college tuition benefits to thousands of veterans.

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