This morning, the Federal Circuit released one nonprecedential opinion, three nonprecedential orders, and one nonprecedential Rule 36 summary affirmance. The opinion addresses an appeal from a decision of the Court of Federal Claims regarding a government procurement contract. One order grants a motion to withdraw a petition for review, and the two remaining orders are dismissals. Here is the introduction to the opinion, text from the order granting the motion, and links to the dismissals and summary affirmance.
Recent Supreme Court Activity
Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, the government’s reply brief was filed in Vidal v. Elster, a trademark case concerning the First Amendment. With respect to pending petitions, one new petition was filed with the Court in a pro se case, a waiver of right to respond was filed in another pro se case, and a brief in opposition was filed in response to a petition asking the Court to consider whether the deadline to file a petition to review a decision of the Merit Systems Protection Board is jurisdictional. In addition, the Court denied the petitions in two employment cases, two veterans cases, a patent case, and a pro se case, and the Court also dismissed the petitions in four pro se cases. Here are the details.
Opinions & Orders – October 11, 2023
This morning, the Federal Circuit released one nonprecedential order and four Rule 36 summary affirmances. The order dismisses an appeal. Here are the links to the order and summary affirmances.
Recent En Banc Activity
Here is an update on recent en banc activity at the Federal Circuit. Highlights include a newly-filed petition for rehearing filed in a patent case presenting a question related to the non-obviousness requirement, along with a denial of a petition for rehearing in another patent case presenting a question related to inducement of infringement. Here are the details.
Opinions & Orders – October 10, 2023
This morning, the Federal Circuit released one nonprecedential opinion. It addresses an appeal from an order dismissing antitrust, patent infringement, and unjust enrichment claims. Here is the introduction to the opinion.
Update on Important Panel Activity
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 a new patent case, a reply brief in another patent case, oral arguments in a takings case and a pro se case, and an opinion in a patent case. Here are the details.
Opinions & Orders – October 9, 2023
This morning, the Federal Circuit did not release any opinions or orders on its website. Late Friday, the Federal Circuit released two nonprecedential orders, each dismissing an appeal. Here are the links to the dismissals.
Opinions & Orders – October 6, 2023
This morning, the Federal Circuit released two precedential opinions, one nonprecedential opinion, three nonprecedential orders, and two Rule 36 judgments. The precedential opinions address appeals from judgements of the Patent Trial and Appeal Board related to the patentability of claims. The nonprecedential opinion addresses an appeal from a judgment in a patent case decided by a Texas district court. One nonprecedential order transfers a case, and two are dismissals. Here are the introductions to the opinions, text from the transfer order, and links to the dismissals and Rule 36 judgments.
Recent News on the Federal Circuit
Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:
- a blog post about the “high-stakes patent dispute between VirnetX and Apple” highlighting “VirnetX’s new petition asking the Supreme Court to review two important Federal Circuit rulings”; and
- an article discussing how the U.S. Supreme Court “declined to rethink the court’s Alice and Mayo rulings on patent eligibility.”
Opinions & Orders – October 5, 2023
This morning, the Federal Circuit released two nonprecedential opinions and four nonprecedential orders. Both opinions address jurisdictional issues. One order transfers a case to an Illinois district court, one order dismisses a case, and two are Rule 36 judgments. Here are the introductions to the opinions, text from the order transferring a case, and links to the Rule 36 judgments and dismissal.