This week we are previewing three arguments scheduled for next week at the Federal Circuit. We are previewing these arguments because the underlying cases attracted amicus briefs. Today we highlight Centripetal Networks, Inc. v. Cisco Systems, Inc., in which Cisco appeals a finding that it infringed four patents held by Centripetal Networks, resulting in a judgement of over $2.75 billion. An amicus brief was filed by High Tech Inventors Alliance in support of Cisco. This is our argument preview.
This morning the Federal Circuit released two precedential opinions. The first opinion comes in a veterans case and addresses the prejudicial error analysis conducted by the Court of Appeals for Veterans Claims. The second opinion comes in an international trade case and addresses a tariff classification. Finally, the court late in the day yesterday released two nonprecedential orders dismissing cases. Here are the introductions to the opinions and orders.
Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received a new petition raising questions related to the process and standard for determining indefiniteness. The court also received an amicus brief in support of a petition raising questions related to the standard for granting a motion to seal court records. Finally, the court received a reply in support of a motion to expedite issuance of the mandate in a case raising questions related to choice of law, forum selection clauses, and injunctive relief. Here are the details.
On March 16, the Federal Circuit issued its opinion in Monroe v. United States, an Equal Access to Justice Act case we have been following because it attracted an amicus brief. On appeal from the United States Court of Federal Claims, the United States asked the Federal Circuit to overrule what it characterized as an abuse of discretion by the trial court in ordering it to pay the plaintiff’s attorneys’ fees and expenses. Monroe, for his part, maintained he “prevailed at each procedural stage of the litigation” and, as result, “a fully compensatory fee award was warranted.” The National Veterans Legal Services Program filed an amicus brief in support of Monroe. The Federal Circuit, however, agreed with the government and reversed the Court of Federal Claims. This is our opinion summary.
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 Federal Circuit has made a rare criticism of a precedential opinion panel (POP) decision” issued by the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board;
- another article providing insight into how “some sizable jury awards from last year are now providing the Federal Circuit an opportunity to clarify important points of damages law”; and
- a third article detailing how the Federal Circuit recently overruled a lower court decision that parts of three patents were invalid for indefiniteness.
On March 9, the Federal Circuit issued an order granting petitions for writs of mandamus in In re Volkswagen Group of America, Inc. and In re Hyundai Motor America, patent cases we have been following because they attracted amicus briefs. In the order, the Federal Circuit held that the Western District of Texas committed a clear abuse of discretion “for erroneously interpreting governing law and reaching a patently erroneous result” when that court denied motions to dismiss or transfer. Here is a summary of Federal Circuit’s order.
This morning the Federal Circuit issued a precedential opinion granting in part and dismissing in part a petition to review a final rule promulgated by the Department of Veterans Affairs. The court also released two nonprecedential opinions in patent cases appealed from the Eastern District of Virginia and the Central District of California. Finally, late yesterday the court issued two nonprecedential orders dismissing cases for failure to prosecute. Here are the introductions to the opinions and orders.
Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, since our last update there is no new activity to report. With respect to petitions, three new petitions have been filed: one in an Equal Access to Justice Act case and two in patent cases raising questions related to eligibility and enhanced damages; members of Congress filed an amicus brief in an employment law case that involves interpretation of the Reservists Pay Security Act; the government submitted a brief in opposition in a case concerning the Tucker Act and another brief in opposition was filed in a patent case addressing the non-obviousness requirement; the government waived its right to respond in a pro se case; and the Court denied review in four cases. Here are the details.