FedCircuitBlog

Last week, the Federal Circuit heard oral argument in Koninklijke Philips N.V. v. Thales USA, Inc., a patent case in which Thales appeals a district court’s denial of a motion for a preliminary injunction. Thales sought to “prevent Philips from pursuing an . . . exclusion order against Thales” at the International Trade Commission based on a commitment by Philips to license its patents on fair, reasonable, and non-discriminatory terms. We’ve been following this case because two amicus briefs were filed in support of Thales. This is our argument recap.

This morning the Federal Circuit released a nonprecedential order granting a joint motion to voluntarily dismiss an appeal. Here is the text from the order.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, the Supreme Court issued its opinion in George v. McDonough. With respect to petition cases, four new petitions were filed with the Court; a waiver of right to respond was filed in a veterans case brought by a pro se petitioner; three amicus brief were filed in another veterans case raising a question about the standard of proof for disability claims; and the Court denied two petitions, one in a patent case and one in a pro se case. Notably, in the patent case the petitioner presented the same two questions presented to the Court in American Axle & Mfg, Inc. v. Neapco Holdings LLC. Here are the details.

The Supreme Court issued its opinion today in George v. McDonough. In a six to three decision, the Court affirmed the Federal Circuit’s ruling, finding that “[t]he invalidation of a VA regulation after a veteran’s benefits decision becomes final cannot support a claim for collateral relief based on clear and unmistakable error.” Justice Barrett authored the Court’s majority opinion, joined by Chief Justice Roberts and Justices Thomas, Alito, Kagan, and Kavanaugh. Justice Sotomayor filed a dissenting opinion, as did Justice Gorsuch, who was joined by Justice Breyer and in part by Justice Sotomayor. Here is our summary of the Court’s opinions.

Last week, the Federal Circuit heard oral argument in Memmer v. United States, a takings case we have been following because it attracted an amicus brief. In this case, Memmer appeals a decision by the Court of Federal Claims concerning a Notice of Interim Trail Use issued by the Surface Transportation Board. In particular, Memmer challenges the lower court’s analysis of causation as well as its decision that “the duration of the taking lasted as long as the railroad’s abandonment authority existed.” The United States cross-appeals to argue that the lower court “erred in holding that Indiana Southwestern would have abandoned [its right to use the property in question] if the NITU had not issued.” One amicus brief was filed in support of Memmer. This is our argument recap.

This morning the Federal Circuit released a nonprecedential opinion in a trade case appealed from the Court of International Trade. The Federal Circuit also released a nonprecedential order dismissing an appeal and three Rule 36 judgments. Here is the introduction to the opinion, text from the order, and links to the Rule 36 judgments.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received two new petitions raising questions related to transfers of cases and the ability of a Federal Circuit panel to nullify or render advisory an earlier judgment of the court. The court also received a response to a petition raising questions related to means-plus-function limitations. Here are the details.

Earlier this month, the Federal Circuit heard oral argument in Thaler v. Vidal, a case we have been following because it attracted an amicus brief. Thaler is the developer, user, and owner of DABUS, an artificial intelligence system that created the two inventions at issue in the case. On appeal, Thaler seeks review of a district court’s grant of summary judgment to the U.S. Patent and Trademark Office, which decided that an artificial intelligence machine cannot be an “inventor” under the Patent Act. This is our argument recap.

This morning the Federal Circuit released two nonprecedential opinions in cases appealed from the Merit Systems Protection Board. Here are the introductions to the opinions.  

Yesterday the Federal Circuit issued a Notice of New Revised Protocols for In-Person Arguments. Notably, the revised protocols include expanded testing documentation options available to counsel and attendees. Here is the full text of the announcement.