FedCircuitBlog

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. On Monday, the Supreme Court heard oral argument in one of the six pending merits cases and also denied or dismissed 21 petitions. In addition, in the past week four new petitions were filed, three in patent cases and one in a government contract case. As well one response in opposition to a petition and two reply briefs in favor of certiorari were filed.

Today the Federal Circuit issued one precedential opinion in a patent case, one nonprecedential opinion in a patent case, two nonprecedential opinions in veterans cases, one nonprecedential opinion in an appeal from the Court of Federal Claims, one nonprecedential order denying mandamus in a patent case, one erratum, and one Rule 36 judgment. Here are the introductions to the opinions and a list of Rule 36 judgments.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. One new petition was filed, the court asked for a response to it, and the court denied another petition. Read on for the details.

Today the Federal Circuit issued two nonprecedential Rule 36 judgments. Here is a list of the Rule 36 judgments.

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report covers a discussion of the Federal Circuit’s struggle to apply precedent in the context of patent eligibility, a note on a recent petition for certiorari, and an article on a Federal Circuit decision related to the government’s alleged breach of loan agreements to provide housing for low-income tenants.

Today the Supreme Court heard oral argument in Peter v. NantKwest, and—to put it lightly—the government had a tough go. Malcolm Stewart of the Office of the Solicitor General faced a barrage of questions finding fault with the government’s position that patent applicants must pay the U.S. Patent and Trademark Office’s attorneys’ fees when challenging rejections in federal district court. NantKwest’s Morgan Chu, by contrast, faced many questions seeking to clarify the historical record and NantKwest’s position, but few directly challenging NantKwest’s position on the merits.

Today the Federal Circuit issued one nonprecedential opinion in a patent case, one nonprecedential opinion in a Court of Federal Claims case, two nonprecedential orders in related patent cases, and five Rule 36 judgments. Here are the introductions to the opinions and a list of the Rule 36 judgments.

Last week we provided a preview of the 27 petitions distributed for the Supreme Court’s October 1 conference in cases decided by the Federal Circuit. Here is a report on the order list the Supreme Court issued today as a result of its October 1 conference. In a nutshell, the Court denied or dismissed petitions for certiorari in 21 cases decided by the Federal Circuit, and left six other petitions pending.

Today the Federal Circuit issued one precedential opinion in a patent case, one nonprecedential opinion in a veterans case, one nonprecedential opinion in a Merit Systems Protection Board case, and five Rule 36 judgments. Here are the introductions to the opinions and a list of the Rule 36 judgments.

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report covers a note on comments made by Federal Circuit Judge S. Jay Plager during recent oral arguments, a report on a recent Federal Circuit opinion related to the authority to issue certificates of correction of patents, and a preview of Monday’s oral arguments in Peter v. NantKwest.