FedCircuitBlog

This morning the Federal Circuit released a nonprecedential opinion in a takings case appealed from the Southern District of Illinois. The Federal Circuit also released a nonprecedential order granting an unopposed motion to voluntarily dismiss appeals. Here is the introduction to the opinion and a link to the dismissal.

This week is Court Week at the Federal Circuit, with hearings starting tomorrow and extending to next Monday. As the court previously announced, some of this week’s arguments will take place in Philadelphia. Regardless of where the arguments take place—Philadelphia or Washington D.C.—the Federal Circuit is providing access to live audio of each panel scheduled for argument via the Federal Circuit’s YouTube channel. In total, the court will convene thirteen panels to consider 65 cases. Of these 65 cases, the court will hear oral arguments in 45. And of these argued cases, three cases attracted amicus briefs. Here’s what you need to know about these three cases.

This morning the Federal Circuit released two precedential opinions involving the same plaintiffs-appellees. Both opinions come from a design patent case appealed from the Northern District of Illinois. In the first opinion, the Federal Circuit reverses the district court’s grant of a preliminary injunction and remands the case. In the second opinion, the Federal Circuit vacates the district court’s grant of a preliminary injunction and an order adding defendants to the injunction. Here are the introductions to the opinions.

This week we are previewing oral arguments scheduled for next week at the Federal Circuit in three cases that attracted amicus briefs. Today we highlight Secretary of Defense v. Raytheon Co., a government contract case in which the Secretary of Defense appeals a decision of the Armed Services Board of Contract Appeals. This appeal relates to Raytheon’s compliance with Federal Acquisition Regulations regarding whether lobbying costs and acquisition and divesture costs may be passed on to the government.

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 “FedEx . . . entered into an agreement to end a suit accusing it of infringing three search queries and database processing patents, less than a week after the Federal Circuit threw out a Texas federal judge’s refusal to transfer the suit to Tennessee”;
• a blog post about a Retired Chief Judge of the Federal Circuit suggesting the Federal Circuit should go en banc more often to clarify patent eligibility law; and
• another blog post discussing the Federal Circuit’s resolution of a veterans case that clarifies “the general rule of deference to an agency’s interpretation and a pro-veteran canon.”

The Federal Circuit did not release any opinions or orders this morning on its website.

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, while no new petitions were filed with the Court, a party waived its right to respond in a patent case, the government waived its right to respond in a pro se case, and a reply in support of a petition was filed in a takings case. Here are the details.

Late yesterday and this morning, the Federal Circuit released three nonprecedential orders. One vacates a final written decision of the Patent Trial and Appeal Board based on the absence of a live controversy; one summarily affirms a judgment of the Court of Federal Claims; and one dismisses an appeal from a federal district court for failure to prosecute. Here is text from the orders and a link to the dismissal.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received a new petition raising a question related to the burden of persuasion in inter partes review proceedings. That’s it. Here are the details.

This morning the Federal Circuit released two nonprecedential opinions. One comes in a patent case appealed from the Patent Trial and Appeal Board; the second comes in a veterans case appealed from the Court of Appeals for Veterans Claims. The Federal Circuit also released two nonprecedential orders. One dismisses an appeal and one grants-in-part a motion for summary disposition of a petition. Here are the introductions to the opinions, text from the order, and a link to the dismissal.