FedCircuitBlog

This morning the Federal Circuit released additional materials in the ongoing investigation into Judge Newman’s fitness to serve as a judge on the Federal Circuit. These materials include a group of letters and orders and, significantly, a July 31 report and recommendation of the special committee conducting the investigation. That report and recommendation:

• finds the committee had authority to enter its orders,
• concludes a reasonable basis for requiring medical examinations and the production of medical records,
• finds Judge Newman’s refusal to cooperate with the committee’s orders is not justified by any good cause and constitutes misconduct,
• and recommends Judge Newman not be permitted to participate in new cases for at least the next year or until she cooperates with the committee’s investigation into her fitness to serve as a judge.

Here is the full text of this morning’s announcement, with links to the released materials, including the report and recommendation.

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 how, “as of today, . . . no transcript has been made available” from the July 13 hearing from the ongoing investigation into Judge Newman’s fitness to serve as a judge;
• an article discussing how the Federal Circuit may be “on the verge of upending [the] harmonious co-existence between design patents and utility patents”; and
• a blog post about a recently-decided case we have been following because it attracted an amicus brief and its impact on the Federal Circuit’s appellate jurisdiction.

This morning, the Federal Circuit released four opinions: a precedential opinion in a trade case addressing lack of jurisdiction, a precedential opinion in a veterans case addressing the Equal Access to Justice Act, another precedential opinion in a veterans case involving a dispute related to a transfer out of the Active Reserve Program and into the Individual Ready Reserve, and a precedential opinion in a veterans case addressing service connection for an acquired psychiatric disorder. Late yesterday and this morning, the court also released three nonprecedential orders, two dismissing appeals and one erratum. Here are the introductions to the opinions and links to the dismissals and the erratum.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, five amicus briefs were filed in Vidal v. Elster, a trademark case addressing the Free Speech Clause of the First Amendment. With respect to petition cases, a brief in opposition was filed in an employment case and the government waived its right to respond in a pro se case. Here are the details.

This morning, the Federal Circuit released a nonprecedential opinion in a patent case addressing eligible subject matter. The court also released a nonprecedential order dismissing an appeal. Here is the introduction to the opinion and a link to the dismissal.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include three new petitions in patent cases addressing claim construction, obviousness, and exceptional case status. Here are the details.

This morning, the Federal Circuit released a nonprecedential opinion in a patent case addressing the court’s appellate jurisdiction. The court also released a related order transferring the appeal to the Ninth Circuit. Here is the introduction to the opinion and text from the order.

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

• an article about AI-generated content and its interaction with copyright law;
• an article covering various attorneys’ reactions to the news that U.S. Patent and Trademark Office “Director Kathi Vidal would take on an expanded role overseeing patent validity disputes”; and
• a blog post about how the “Alliance of U.S. Startups and Inventors for Jobs (USIJ) published a White Paper” showing how “some high-profile Patent Trial and Appeal Board (PTAB) cases might have played out if the” PREVAIL Act’s “provisions had already been in force.”

Last week, the Federal Circuit issued its opinion in DiMasi v. Secretary of Health and Human Services, a pro se vaccine case we have been following because it attracted an amicus brief. In this case, the Federal Circuit reviewed a determination by the Court of Federal Claims that a “Special Master’s denial of relief from judgment was not an abuse of discretion.” Notably, after the pro se petitioner filed informal briefs, the court issued an order appointing two attorneys to serve jointly as amicus curiae in support of the pro se petitioner’s appeal and to present oral argument. In an opinion authored by Judge Taranto and joined by Judges Prost and Moore, the Federal Circuit affirmed in part, reversed in part, and remanded. This is our opinion summary.

The Federal Circuit did not release any opinions or orders today on its website.