FedCircuitBlog

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Late yesterday, the Federal Circuit released one nonprecedential order dismissing an appeal. This morning, the Federal Circuit released four nonprecedential opinions and three nonprecedential orders. All four nonprecedential opinions come in patent cases. Of the nonprecedential orders, one remands a case, one summarily affirms a decision by a lower court, and the other two dismiss appeals.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

This morning, the Federal Circuit released two nonprecedential opinions, four nonprecedential orders, and one summary affirmance. Of the nonprecedential opinions, one comes in a patent case on appeal from the Patent Trial and Appeal Board, while the other comes in a pro se case on appeal from the Merit Systems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 Of the nonprecedential orders, two transfer cases, while the other two dismiss appeals.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This morning, the Federal Circuit released one precedential opinion, two nonprecedential opinions, and three nonprecedential orders.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 Both nonprecedential opinions come in pro se cases. All three nonprecedential orders dismiss appeals.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. 

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

• a blog post discussing how a recent decision in a patent case by the Federal circuit focuses “on a novel argument about provisional rights”;
• another blog post discussing how a recent Federal Circuit decision “illustrates circumstances under which the [Patent Trial and Appeal] Board’s obviousness determination did not pass muster.”;
• a piece reporting how the Council for Innovation Promotion recently released a report “urging the Trump Administration and Congress to take 18 key steps to strengthen the U.S. IP system”; and
• a report claiming a recent Federal Circuit decision “has created pitfalls for entities using a type of patent claim that describes an improvement on previous technology, making the so-called Jepson format, which is already uncommon, even less appealing for applicants.”

This morning, the Federal Circuit released four nonprecedential opinions and one summary affirmance. Of the nonprecedential opinions, two come in trademark cases on appeal from the Trademark Trial and Appeal Board, while the other two come in pro se cases. Here are the introductions to the opinions and a link to the summary affirmance. 

This morning, the Federal Circuit released two nonprecedential opinions, one nonprecedential order, and one summary affirmance. Both nonprecedential opinions come in pro se cases on appeal from the Merit Systems Protection Board. The lone nonprecedential order deconsolidates a set of appeals. Here are the introductions to the opinions and a link to the order and summary affirmance. 

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

• an article noting how the Federal Circuit recently held oral argument in a case asking “whether prosecution laches is a legitimate doctrine that can render any patent unenforceable if it takes longer than six years to obtain the patent from the United States Patent and Trademark Office”;
• a blog post discussing how the Federal Circuit recently “issued a significant trade secret remedies decision”;
• a report highlighting a recent Federal Circuit trademark case holding that “acquired distinctiveness is ‘determined on the entire record’”; and
• a piece asserting a recent Federal Circuit trademark decision ”goes beyond financial services and has implications for brands across industries.”