FedCircuitBlog

Late yesterday and this morning, the Federal Circuit released a nonprecedential opinion in a veterans case and four nonprecedential orders dismissing or summarily affirming dismissals of cases. Here are the introductions to the opinions and orders.

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

• an article about how the Federal Circuit’s investigation into Judge Newman’s health “faces an uncertain path . . . since the process is rarely invoked and presents legal questions that haven’t been tested in court”;
• a second article about the standard for inter partes review estoppel;
• a third article about a Delaware court ruling “that a patent covering a way of designing virtual environments reflected ‘a non-abstract technological improvement.’”

This morning, the Federal Circuit released two precedential opinions. In the first opinion, the court affirmed a judgment of the Court of Appeals for Veterans Claims. In the second, the Federal Circuit affirmed a judgment of the International Trade Commission in a patent case. Here are the introductions to the opinions.

This morning, the Federal Circuit released a precedential opinion and a nonprecedential order. In the opinion, the court affirmed a judgment of the District of New Jersey in a patent case. In the order, the Federal Circuit dismissed an appeal. Here is the introduction to the opinion and a link to the dismissal.

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. With respect to petitions, no new petitions were filed with the Court, but the government waived its right to respond in a pro se case; the Solicitor General filed a brief in opposition in two patent cases and another brief in opposition was filed by a private party in one of the same cases; two amicus brief were filed in another patent case, four amicus briefs were filed in a veterans case, and one amicus brief was filed in another patent case; and the Court denied certiorari in a patent case. Here are the details. 

This morning, the Federal Circuit released four nonprecedential opinions and an erratum. In the first opinion, the court dismissed an appeal from the Court of Appeals for Veterans Claims. In the second, the court affirmed a judgment of the Patent and Trial Appeal Board. In the third, the court reversed a judgment of no invalidity in a patent case appealed from the Eastern District of Texas. In the fourth, the Federal Circuit affirmed a judgment in a pro se case appealed from the Court of Federal Claims. Here are the introductions to the opinions and a link to the erratum.

This morning, the Federal Circuit released one nonprecedential opinion and three nonprecedential orders. In the opinion, the court affirmed a judgment of the Merit Systems Protection Board. In the nonprecedential orders, the Federal Circuit denied a petition for a writ of mandamus against Court of Appeals for Veterans Claims and dismissed two appeals. Here is the introduction to the opinion, text from the first order, and links to the dismissals.

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

• an article about an “appeal seeking to revive a patent covering [a] Parkinson’s disease drug Neupro”; and
• another article discussing how four law professors argue the “Supreme Court should weigh in on whether artificial intelligence systems can produce patentable inventions.”

Late yesterday and this morning, the Federal Circuit released one precedential and two nonprecedential opinions along with three nonprecedential orders. In the precedential opinion, the court affirmed a judgment of the Court of International Trade. In the nonprecedential opinions, the Federal Circuit affirmed a judgment of the Patent Trial and Appeal Board and affirmed-in-part and dismissed-in-part a judgment of the Court of Appeals for Veterans Claims. The three nonprecedential orders dismiss appeals. Here are the introductions to the opinions and links to the dismissals.

As we reported this earlier this morning, news reports have circulated in the last 36-hours about Chief Judge Moore having concern with Judge Newman’s ability to serve as an active judge on the Federal Circuit. In response, the Federal Circuit just issued a Statement of the Judicial Council of the Federal Circuit. This statement addresses these reports and confirms that a proceeding under the Judicial Conduct and Disability Act has been initiated. Along with the statement, the Judicial Council notably unsealed two orders issued by the Council to provide transparency with respect to the ongoing proceeding. Here is the full text of today’s statement with links to the relevant orders.