FedCircuitBlog

Earlier this month, the Federal Circuit announced it has updated the calendar indicating when the court will hold hearings. Here is the full text of the announcement, with a link to the updated calendar.

This morning, the Federal Circuit released two precedential opinions, one nonprecedential opinion, and three nonprecedential orders. Both precedential opinions come in trade cases on appeal from the Court of International Trade. Notably, Judge Reyna dissented in both appeals. The lone nonprecedential opinion comes in a pro se case on appeal from the Merit Systems Protection Board. All three nonprecedential orders dismiss appeals. Here is are the introductions to the opinions and links to the orders. 

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

• an article discussing how the U.S. Patent and Trademark Office “introduced new production goals for judges on the Patent Trial and Appeal Board, asking them to publish decisions on appeals of denied patent applications within 12 months and issue more rulings each month”;
• a report noting the Federal Circuit “dismissed a legal claim against the NFL’s New Orleans Saints from a man who says he is the ‘direct descendant of the Kings of France’ over the trademark of the flour-de-lis symbol”;
• a piece reporting that Jack Dorsey, co-founder of Twitter, posted on X “delete all IP law”;
• a blog post criticizing a recent Federal Circuit decision’s use of “the increasingly fictional construct at the center of patent law: the Person Having Ordinary Skill in the Art (PHOSITA)”; and
• an article covering how the Patent and Trademark Office recently “announced a new working group dedicated to broadening the Office’s efforts to mitigate common threats to the U.S. patent system.”

Late yesterday, the Federal Circuit released a nonprecedential order dismissing an appeal. This morning, the Federal Circuit released a precedential opinion in a patent case on appeal from the District of Delaware. Here is an introduction to the opinion and link to the order. 

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted petitions, oral argument in Soto v. United States will take place later this month. With respect to pending petitions, one new petition was filed in a patent case. The Court also received a waiver of the right to respond to the petition in that patent case, along with a reply brief in another patent case. Here are the details.

Late yesterday, the Federal Circuit released one nonprecedential order dismissing an appeal. This morning, the Federal Circuit released four nonprecedential opinions and three nonprecedential orders. All four nonprecedential opinions come in patent cases. Of the nonprecedential orders, one remands a case, one summarily affirms a decision by a lower court, and the other two dismiss appeals. Here are the introductions to the opinions and orders and links to the dismissals. 

On April 28, the Supreme Court will hear oral argument in Soto v. United States, a veterans case. The Court granted review to consider whether a statutory provision governing Combat-Related Special Compensation, 10 U.S.C. § 1413a, provides a settlement mechanism that displaces the default procedures and limitations set forth in the Barring Act. According to the Federal Circuit, “the Barring Act applies to settlement claims” regarding Combat-Related Special Compensation. As for why, it indicated “the CRSC statute does not explicitly provide its own settlement mechanism.” It then held that “the six-year statute of limitations contained in the Barring Act applies to CRSC settlement claims.” Soto challenges these findings by arguing that the Barring Act does not apply to CRSC settlement claims. This is our argument preview.

This morning, the Federal Circuit released two nonprecedential opinions, four nonprecedential orders, and one summary affirmance. Of the nonprecedential opinions, one comes in a patent case on appeal from the Patent Trial and Appeal Board, while the other comes in a pro se case on appeal from the Merit Systems Protection Board. Of the nonprecedential orders, two transfer cases, while the other two dismiss appeals. Here are the introductions to the opinions and links to the orders and summary affirmance. 

Here is an update on recent en banc activity at the Federal Circuit. Since our last update, three new petitions have been filed, and two previously filed petitions have been denied. The first new petition raises a question related to Article III jurisdiction to adjudicate patent infringement when the patent has already expired; the second raises a question regarding whether a court can rule on a motion for summary judgment of invalidity of a patent after ruling that the plaintiffs lacked standing; and the third raises a question concerning collateral estoppel related to a decision of the Patent Trial and Appeal Board. The two denied petitions came in a pro se case and in an appeal related to obviousness. Here are the details.

This morning, the Federal Circuit released one precedential opinion, two nonprecedential opinions, and three nonprecedential orders. The precedential opinion comes in a patent case on appeal from the Patent Trial and Appeal Board. Both nonprecedential opinions come in pro se cases. All three nonprecedential orders dismiss appeals. Here are the introductions to the opinions and links to the orders.