FedCircuitBlog

Here is an update on activity in cases pending before panels of the Federal Circuit where the case involves at least one amicus brief. We keep track of these cases in the “Other Cases” section of our blog. Today with respect to these cases we highlight two new opinions. One comes in a government contract case raising questions related to breach of contract, breach of the implied covenant of good faith and fair dealing, and recovery of certain termination-for-convenience damages. The other comes in a patent case raising questions related the propriety of an antisuit injunction. The other update is new briefing in another patent case raising questions related to whether the district court erred in granting summary judgment of patent eligibility, noninfringement, and denial of damages. Here are the details.

Today the Federal Circuit released two nonprecedential opinions in cases appealed from the Patent Trial and Appeal Board and the Merit Systems Protection Board. The court also released three nonprecedential orders dismissing appeals. Here are the introductions to the opinions and links to the dismissals.

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

• a press release noting that the “Senate Judiciary Committee approved the Promoting and Respecting Economically Vital American Innovation Leadership (PREVAIL) Act (S. 2220) by a roll call vote of 11-10″;
• an article considering “what the IP community can expect from a second Trump presidency”; and
• an article discussing a U.S. Patent and Trademark Office internal memo that “banned the use of generative artificial intelligence for any purpose last year.”

Today the Federal Circuit released a nonprecedential opinion in a patent case affirming a grant of summary judgment of noninfringement, two nonprecedential orders transferring appeals, and two nonprecedential orders dismissing appeals. Here are the introductions to the opinion and transfers, along with links to the dismissals.

Yesterday the Federal Circuit released an announcement advising the public regarding fake notices of electronic filing and docket activity being sent to attorneys and law firms. Here is the full text of the announcement.

Here is an update on activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, there is no new activity to report. With respect to petitions, two new petitions were filed. One comes in a patent case raising a question under the Administrative Procedure Act relating to inter partes review by the Patent Trial and Appeal Board. The other petition comes in a pro se case. The Court also received a new brief in opposition in a case concerning appellate procedure, an amicus brief in a patent case, and waivers of the right to respond in two other patent cases. In addition, the Court denied the petitions in three patent cases and one pro se case. Here are the details.

Late yesterday and today the Federal Circuit released four nonprecedential orders dismissing appeals. Here are links to them.

Here is an update on recent en banc activity in patent cases at the Federal Circuit. Highlights include new petitions in two cases raising the same question related to claim construction. Additionally, the court denied petitions for en banc rehearing in two cases raising questions about eligibility and enablement of prior art. Here are the details.

This morning the Federal Circuit released one precedential order, one nonprecedential opinion, and five nonprecedential orders. The precedential order denies motions to voluntarily dismiss an appeal in a patent case, while the nonprecedential opinion affirms a decision of the Merit Systems Protection Board. The first nonprecedential order grants a motion seeking transfer to the Court of Appeals for the Third Circuit, the second nonprecedential order grants a motion for summary affirmance, and the last three nonprecedential orders were all dismissals. Here are the introductions to the precedential order, opinion, and first two nonprecedential orders, as well as links to the dismissals.

Following the court’s September announcement of proposed amendments to the Federal Circuit Rules of Practice, today the Federal Circuit announced that the court “adopted amendments to Federal Circuit Rules of Practice 21, 27, 30, 32, 35, and 40; Practice Notes to Rules 15, 28, 30, 35 and 40; and Federal Circuit Attorney Discipline Rules Introduction and Rule 5.” As we discussed in September, among other things the court is adding a practice note highlighting how it “prefers that reply briefs respond to the response brief rather than repeating what is in the principal brief” and “favors reply briefs that do not use the full word length when not necessary.” It also is adding a new requirement regarding the table of contents for appendices, requiring the table of contents to identify how the relevant document was designated in the reviewing tribunal (such as the docket or other record number). Here is the full text of today’s announcement with links to, among other things, a summary of the adopted amendments.