FedCircuitBlog

Late yesterday, the Federal Circuit announced the public release of additional prior orders and letters in the ongoing investigation into Judge Newman’s fitness to serve as a judge. Notably, the orders continue to prohibit Judge Newman from being assigned to new panels of cases, and one order indicates the Committee conducting the investigation “will focus on the question whether Judge Newman’s refusal to cooperate with the Committee’s investigation constitutes misconduct.” To that end, the Committee also set a deadline of July 5 for Judge Newman to submit “a brief limited to addressing the question whether Judge Newman’s refusal to undergo examinations, to provide medical records, and to sit for an interview with the Committee as described in the May 16 Order constitute misconduct and the appropriate remedy if the Committee were to make a finding of misconduct.” The Committee also indicated it will hear oral argument on the matter on July 13 in a closed-door hearing. Here is the full text of the announcement, with links to the orders.

Today, the Supreme Court granted the petition for certiorari in Vidal v. Elster, a trademark case decided by the Federal Circuit. The Supreme Court will review whether the U.S. Patent and Trademark Office’s “refusal to register a mark under Section 1052(c) [of the Lanham Act] violates the Free Speech Clause of the First Amendment when the mark contains criticism of a government official or public figure.” Here are the details.

Late Friday and this morning, the Federal Circuit released three precedential opinions: two in related patent cases appealed from the Patent Trial and Appeal Board and one in a veterans case appealed from the Court of Appeals for Veterans Claims. The Federal Circuit also released two nonprecedential orders dismissing appeals. Here are the introductions to the opinions and links to the dismissals.

This week is Court Week at the Federal Circuit. In total, the court will convene eleven panels to consider 50 cases this week. Of these 50 cases, the court will hear oral arguments in 40. The Federal Circuit is providing access to live audio of these arguments via the Federal Circuit’s YouTube channel. This month, four cases attracted amicus briefs. Here’s what you need to know about these four cases.

As we previously mentioned, four cases being argued in June at the Federal Circuit attracted amicus briefs, and two of those cases are appeals from ex parte reexaminations involving the same appellant, Cellect, LLC. In In re Cellect, LLC (“Cellect II”), the Federal Circuit will review a judgment by the Patent Trial and Appeal Board invalidating Cellect’s patents under the doctrine of obviousness-type double patenting. This is our argument preview.

This morning, the Federal Circuit released a nonprecedential opinion in a pro se case appealed from the Court of Federal Claims. The Federal Circuit also released two nonprecedential orders: one granting a motion to withdraw an appeal and one dismissing an appeal. Here are the introductions to the opinion and order and a link to the dismissal.

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

• an article discussing the impact of the Supreme Court’s recent holding in Amgen v. Sanofi concerning patent law’s enablement requirement;
• a blog post highlighting the “Supreme Court’s [n]on-[e]ngagement with the Federal Circuit” in Amgen v. Sanofi; and
• an article analyzing two recent appeals concerning the constitutionality of state laws “that target companies that generate revenue through patent licensing and infringement litigation rather than producing protected inventions.”

As we previously mentioned, four cases being argued in June at the Federal Circuit attracted amicus briefs. Two of those cases are appeals from ex parte reexaminations involving the same appellant, Cellect, LLC. In In re Cellect, LLC (“Cellect I”), the Federal Circuit will review a judgment of the Patent Trial and Appeal Board finding patent claims unpatentable for obviousness-type double patenting. This is our argument preview.

Late yesterday, the Federal Circuit released three nonprecedential orders dismissing appeals. Here are links to the dismissals.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, there is no new activity to report since our last update. While no new petitions were filed with the Court, waivers of right to respond were filed in two pro se cases; a brief in opposition was filed in a patent case; reply briefs in support of petitions were filed in a patent case and in two veterans cases; amicus briefs were filed in two patent cases; and the Court denied certiorari in three patent cases. Here are the details.