FedCircuitBlog

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

• a blog post arguing the Federal Circuit recently “established a more rigorous test for determining when a published patent application claiming priority to a provisional application can be considered prior art as of its provisional filing date”;
• an article describing how the Federal Circuit recently “upheld a Trademark Trial & Appeal Board decision to partially cancel trademarks”; and
• a blog post discussing the ongoing dispute between Judge Newman and the Federal Circuit.

This morning, the Federal Circuit released one precedential opinion, two nonprecedential opinions, and one nonprecedential order. The precedential opinion comes in a patent case on appeal from the Patent Trial and Appeal Board. Both of the nonprecedential opinions come in appeals from the Court of Federal Claims, one in a government contract case and one in a vaccine case. The nonprecedential order dismisses an appeal. Here are the introductions to the opinions and order.   

Here is an update on recent activity at the Supreme Court. With respect to granted cases, there is no new activity to report. While no new petitions were filed, waivers of the right to respond were filed in a patent case and a pro se case. Additionally, the Court denied a petition in another pro se case. Here are the details.

This morning, the Federal Circuit released one precedential opinion and one nonprecedential opinion. The precedential opinion comes in a takings case on appeal from the Court of Federal Claims, while the nonprecedential opinion comes in a patent case on appeal from the District of Delaware. Here are the introductions to the opinions.   

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Since our last update, the court has denied three petitions for en banc rehearing. These petitions raised questions concerning the substantial evidence standard for review of decisions of the Patent Trial and Appeal Board, the test for analogous prior art, after-arising technologies, the written description and enablement requirements, and waiver of alternative grounds for affirmance. Here are the details.

This morning, the Federal Circuit released a nonprecedential order dismissing an appeal. Here is a link to the order.  

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. With respect to these cases, since our last update we highlight five new opinions, four in patent cases and one in a government contract case; two new argument recaps, one in a trademark case and one in a trade case; and three new cases, one a design patent case and two utility patent cases. Here are the details.

This morning, the Federal Circuit released one precedential opinion, one nonprecedential opinion, and one nonprecedential order. The precedential opinion comes in a veterans case on appeal from the Court of Appeals for Veterans Claims, the nonprecedential opinion comes in a patent case on appeal from the Patent Trial and Appeal Board, and the nonprecedential order dismisses an appeal. Here are the introductions to the opinions and a link to the order.  

Only one case being argued next month at the Federal Circuit attracted an amicus brief. The case is Alnylam Pharmaceuticals, Inc. v. Moderna, Inc., a patent case. In it, Alnylam Pharmaceuticals appeals a judgment of a district court based on the argument that the court made an error in claim construction. This is our argument preview.

Late yesterday, the Federal Circuit released two nonprecedential orders, each dismissing an appeal. This morning, the Federal Circuit released two nonprecedential opinions. One comes in a veterans case, and the other comes in a patent case. Here are the introductions to the opinions and links to the orders.