Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights a merit panel’s recent request for supplemental briefing on the constitutionality of Title 5’s removal restrictions with respect to Administrative Patent Judges, predictions that Congress will pass legislation soon to cure the constitutional defect related to the appointment of Administrative Patent Judges, and a Forbes article provocatively entitled “How a Homeless Man Helped Cloudflare Counterattack a Bogus Patent Lawsuit.”
Today’s Opinions – December 2, 2019
The Federal Circuit did not issue any opinions this morning.
Court Week – What You Need to Know
This week the Federal Circuit will hold 15 panel hearings and hear oral arguments in about 57 cases. Of all these cases, the only one attracting an amicus brief is Monk v. Wilkie, a case where nine veterans seek to overturn the denial of their request for class certification, the result of a 4-4 split of the en banc Court of Veterans Appeals. Notably, however, on Friday next week (outside of the traditional week the court hears arguments) the court will hold a hearing in In re Google LLC, another case attracting an amicus brief. In this case Google is seeking a writ of mandamus ordering the Eastern District of Texas to dismiss this patent case for improper venue.
Today’s Opinions – November 29, 2019
The Federal Circuit did not issue any opinions today. The court previously announced that it would be closed today. Enjoy the long holiday weekend!
Today’s Opinions – November 28, 2019
The Federal Circuit did not issue any opinions today given the Thanksgiving holiday. Happy Thanksgiving everyone!
Recent Supreme Court Activity
Happy Thanksgiving! Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. In granted cases, the only case with any activity was Thryv, Inc. v. Click-To-Call Technologies, LP, in which the petitioner filed its reply brief. As for petitions, the Court denied review in three cases, parties filed three responses in opposition and one reply, and a third party filed an amicus brief in one case. We have the details.
Today’s Opinions – November 27, 2019
This morning the Federal Circuit issued a precedential opinion in a government contract case, a precedential opinion in a takings case, and a nonprecedential order in a patent case. Here are the introductions.
Recent En Banc Activity
Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include three new petitions, two responses, two requests for responses, and five denials of petitions.
Argument Preview – In re Google LLC
Another case being argued in December that attracted an amicus brief is In re Google LLC. In this case, Google seeks a writ of mandamus ordering the district court to dismiss the case for improper venue. According to Google, the case presents the question of whether “a defendant who keeps computer equipment in the facility of a third party in a judicial district has a ‘regular and established place of business’ in that district under the patent venue statute.” Besides Google, the other interested party in this case is the plaintiff-patent owner, Super Interconnect Technologies LLC.
Today’s Opinions – November 26, 2019
This morning the Federal Circuit issued one nonprecedential opinion in a patent case and one nonprecedential erratum. Here are the introductions.