FedCircuitBlog

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

• an article discussing how the “U.S. Patent and Trademark Office wants the D.C. Circuit to transfer a suit, which challenges a denial of a bid for a proposed rule that would cut down on unwarranted patent invalidity reviews, to the Federal Circuit”; and
• an article about how a “Dallas-area owner of a patent assertion firm asked the Federal Circuit to pause a rolling $200-a-day civil-contempt fine imposed against her after she refused to travel to Delaware to testify before a federal judge.”

Here is an update on activity in cases pending before panels of the Federal Circuit where the cases involve 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 one new Equal Pay Act case, the filing of new briefs in two patent cases, and the filing of new amicus briefs in another patent case. Here are the details.

Today, the Federal Circuit released a nonprecedential opinion and a nonprecedential order. The opinion addresses an appeal from a final written decision of the Patent Trial and Appeal Board. The order is a dismissal of an appeal from the Patent Trial and Appeal Board. Here is the introduction to the opinion and link to the dismissal.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, yesterday the Supreme Court heard oral argument in a trademark case, Vidal v. Elster. With respect to petitions, two new petitions were filed with the Court in a trade case and a pro se case; an amicus brief was filed in a patent case addressing joinder in inter partes review proceedings. Finally, the Court denied petitions in a trade case and in two pro se cases. Here are the details.

This morning, the Federal Circuit released one precedential opinion, one nonprecedential opinion, and one nonprecedential order. The precedential opinion addresses a challenge to a claim construction order in a patent case. The nonprecedential opinion reviews a judgment of the Merit Systems Protection Board relating to alleged retaliatory action for whistleblowing, and the court’s judgment sparked a vigorous dissent by Judge Newman. Finally, the order is a dismissal. Here are the introductions to the opinions and a link to the dismissal.

Here is an update on recent en banc activity at the Federal Circuit. Highlights include five amicus briefs filed in the pending en banc case addressing design patent’s non-obviousness requirement and a denial of a petition for rehearing en banc in a utility patent case. Here are the details.  

Happy Halloween! This morning, the Federal Circuit released one nonprecedential opinion. It addresses an appeal from a judgment of the Merit Systems Protection Board. Here is the introduction to the opinion.

This morning, the Federal Circuit announced that Chief Judge Moore will be revealing “a forthcoming new initiative at the court” at this year’s Federal Circuit Bar Association Annual Dinner & Reception. This event is scheduled for Friday, November 17 from 6:30 to 9:30 pm at the Mayflower Hotel in Washington, DC. No details were provided regarding the initiative. Here is the full text of today’s announcement with a link providing more information on the logistics related to the event.

This morning, the Federal Circuit released five nonprecedential orders. One order transfers an appeal to another circuit court of appeals; one order transfers an appeal to a district court; and one order denies a petition for a writ of mandamus. The two remaining orders are dismissals: one dismisses for lack of jurisdiction, and another grants a motion to voluntarily dismiss. Late Friday, the Federal Circuit also released another nonprecedential order that dismissed an appeal. Here are previews of selected orders and links to dismissals.

This morning, the Federal Circuit released four nonprecedential orders. One order summarily affirmed a judgment of the Court of Federal Claims; one order denied a petition for a writ of mandamus seeking to vacate an order transferring a patent case from the Northern District of Illinois to the Eastern District of Texas; and two orders dismissed appeals. Here is selected text from the summary affirmance and denial of the petition and links to the dismissals.