Here is an update on recent en banc activity at the Federal Circuit in patent cases. Petitioners filed three new petitions, one presenting a question regarding waiver of alternative grounds for affirmance, one presenting a question regarding the burden of proving non-enablement in an inter partes review proceeding, and one presenting a question regarding injunctive relief pending a mandate. Additionally, the Federal Circuit issued an invitation for a response to a petition raising a question regarding the listing of patents in the Orange Book. Finally, a response was filed to the petition raising a question regarding injunctive relief pending a mandate. Here are the details.
Opinions & Orders – February 4, 2025
This morning the Federal Circuit released one precedential opinion, one nonprecedential opinion, and four nonprecedential orders. The precedential opinion comes in a government contract case on appeal from the Court of Federal Claims. The nonprecedential opinion comes in a case on appeal from the Merit Systems Protection Board. Of the nonprecedential orders, one grants a motion for a summary affirmance, one denies a petition for a writ of mandamus, and two dismiss appeals. Here are the introductions to the opinions and first two orders, as well as links to the dismissals.
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 news post covering how the “nomination hearing to vet Donald Trump’s pick for Secretary of Commerce, Howard Lutnick . . . touched on several key points relevant to the intellectual property system”;
- a blog post discussing how the joint memorandum from the Office of Management and Budget and the Office of Personnel Management requiring a return to office and hiring freeze “could significantly impact patent operations”;
- an article analyzing how the “Federal Circuit has been urged by startups and attorneys to reject calls by Google to tighten rules for admitting patent damages testimony” in the court’s upcoming en banc case; and
- a report suggesting “recent actions to purge diversity programs from the federal government and private sector could undermine one of the top objectives of the U.S. Patent and Trademark Office in recent years: expanding access to innovation.”
Opinions & Orders – February 3, 2025
This morning the Federal Circuit released two nonprecedential opinions and one nonprecedential order. Both nonprecedential opinions came in patent cases on appeal from the Patent Trial and Appeal Board. The lone nonprecedential order dismissed a case. Here are the introductions to the opinions and a link to the dismissal.
Court Week – February 2025 – What You Need to Know
This week is Court Week at the Federal Circuit. The court will convene 15 panels to consider 71 cases. Of the 71 cases, the court will hear oral argument in 56 cases. The Federal Circuit provides access to live audio of these arguments via the Federal Circuit’s YouTube channel. This month, three cases scheduled for oral argument attracted amicus briefs. Here’s what you need to know about these three cases.
Opinions & Orders – January 31, 2025
This morning the Federal Circuit released one nonprecedential opinion and five nonprecedential orders. The lone nonprecedential opinion came in a government contract case on appeal from the Court of Federal Claims. All five nonprecedential orders dismissed appeals. Here is the introduction to the opinion and links to the dismissals.
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 piece covering how “Howard Lutnick, President Donald Trump’s nominee for commerce secretary, labeled the U.S. Patent and Trademark Office’s patent application backlog ‘unacceptable’ and committed to end what he called China’s abuse of the agency” in his Senate confirmation hearing;
- a blog post discussing how the Federal Circuit recently held that the “U.S. Patent and Trademark Office’s (USPTO’s) Patent Trial and Appeal Board (PTAB) has jurisdiction over expired patents brought before it in inter partes review (IPR) proceedings”;
- an news alert discussing how the New Civil Liberties Alliance has filed an amicus brief claiming that “[t]he Federal Circuit must either permit the unlawfully suspended Judge Pauline Newman to participate in consideration of EcoFactor v. Google, or else vacate the order granting en banc rehearing in this case”; and
- an article analyzing the “top 5 most important bid protest decisions of 2024.”
Opinions & Orders – January 30, 2025
This morning the Federal Circuit released two nonprecedential opinions and five nonprecedential orders. Both of the nonprecedential opinions came in patent cases on appeal from the Patent Trial and Appeal Board. Notably, both relate to patents being asserted by United Services Automobile Association (USAA) in separate litigation. Of the nonprecedential orders, one addresses a notice of non-participation in an appeal in a patent case and the other four dismiss appeals. Here are the introductions to the opinions and the order addressing the notice of non-participation in an appeal, as well as links to the dismissals.
Argument Preview – Farrington v. Department of Transportation
As we’ve been mentioning, next week the Federal Circuit will hear oral argument in three cases that attracted amicus briefs. On Wednesday, a panel will consider Farrington v. Department of Transportation, a case that attracted one amicus brief. In this case, Farrington challenges the Merit Systems Protection Board’s determination that she was not protected under the Whistleblower Protection Enhancement Act. This is our argument preview.
Recent Supreme Court Activity
Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, there is no new activity to report. While no new petitions were filed, the Supreme Court denied the petitions for certiorari in a veterans case and a pro se case. Here are the details.