FedCircuitBlog

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court invited a response to a petition raising a question related to the ability of a Federal Circuit panel to nullify or render advisory an earlier judgment of the court. The court also denied a petition raising questions related to transfers of cases. Here are the details.

This morning the Federal Circuit released a nonprecedential opinion in a patent case appealed from the Patent Trial and Appeal Board. The Federal Circuit also released two nonprecedential orders dismissing appeals. Here is the introduction to the opinion 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 discussing the top patent cases to watch in the second half of 2022;
• another article highlighting how a petition for a writ of certiorari claimed that a Federal Circuit decision “would upend the legal rules governing the modern prescription-drug marketplace”; and
• a third article urging that the question of whether artificial intelligence can be an inventor under patent law “is one for Congress, not the courts, to address.”

This morning the Federal Circuit released three precedential opinions. The first comes in a patent case appealed from the District of Delaware; the second comes in a veterans case appealed from the Court of Appeals for Veterans Claims; and the third comes in a government contract case appealed from the Court of Federal Claims. The Federal Circuit also released two nonprecedential opinions. The first comes in a patent case appealed from the Patent Trial and Appeal Board; the second comes in another patent case appealed from the District of Delaware. Notably, in the second patent case, Judge Newman dissented. Finally, the Federal Circuit released four nonprecedential orders dismissing appeals. Here are the introductions to the opinions and links to the dismissals.

This morning the Federal Circuit released a precedential opinion in a government contract case appealed from the Court of Federal Claims. The Federal Circuit also released a nonprecedential order dismissing an appeal for failure to prosecute. 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:

• a blog post examining “[w]ho appeals (and wins) patent cases”;
• an article discussing how the Federal Circuit recently ruled that “[e]rrors don’t have to be immediately found in patents” to later render the patent invalid as obvious; and
• another article highlighting how a petitioner in a patent eligibility case “filed a reply brief . . . distancing its petition from that of American Axle & Manufacturing, Inc.’s, which was denied certiorari on June 30.”

This morning the Federal Circuit released nonprecedential opinions in two separate patent cases appealed from the Patent Trial and Appeal Board. The Federal Circuit also released a nonprecedential order granting in part and denying in part a motion for sanctions and a Rule 36 judgment. Here are the introductions to the opinions, text from the order, and a link to the Rule 36 judgment.

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 petition cases, four new petitions were filed with the Court in two patent cases, a takings case, and a pro se case; reply briefs in support of petitions were submitted in a patent case and a case involving application of the Equal Access to Justice Act; and an amicus brief was filed in a patent case. Here are the details.

This morning the Federal Circuit released a precedential opinion in a patent case appealed from the District of Delaware, affirming the district court’s denial of a motion for a preliminary injunction. The Federal Circuit also released a nonprecedential opinion in a veterans case appealed from the Court of Appeals for Veterans Claims. Here are the introductions to the opinions.

Here is an update on recent en banc activity at the Federal Circuit. In a pending en banc veterans case, the court received two amicus briefs in support of the appellee, a veteran. The court also received two new petitions raising questions related to obviousness-based inherency of claims, the Federal Vacancies Reform Act, and the grounds for inter partes review proceedings. Finally, the court denied two petitions for rehearing en banc raising questions related to means-plus-function limitations. Here are the details.