FedCircuitBlog

This morning the Federal Circuit released a nonprecedential opinion in a patent case appealed from the Western District of Pennsylvania; a nonprecedential order granting a motion to voluntarily dismiss an appeal; and two Rule 36 judgments. Here is the introduction to the opinion and links to the dismissal and Rule 36 judgments.

Here is an update on recent en banc activity at the Federal Circuit. The court received an amicus brief supporting rehearing in a case raising questions related to patent eligibility. The court also denied two petitions, one raising questions related to claim construction and another filed by a pro se party. Here are the details.

Last week, the Federal Circuit issued its opinion in Memmer v. United States, a case we have been following because it attracted an amicus brief. In this case, Memmer appealed a decision by the Court of Federal Claims concerning a Notice of Interim Trail Use issued by the Surface Transportation Board. In the appeal, Memmer challenged the lower court’s decision that “the duration of the taking lasted as long as the railroad’s abandonment authority existed.” The United States cross-appealed to argue that the lower court “erred in holding that Appellants’ property was taken,” and in the alternative to argue that the takings concluded when the Notice of Interim Trail expired, resulting in a shorter period of time than the lower court found. In an opinion authored by Judge Schall and joined by Judges Lourie and Reyna, the Federal Circuit vacated-in-part and remanded-in-part the lower court’s decision. This is our opinion summary.

This morning the Federal Circuit issued a notice that the court will be closed on Friday, November 25 in addition to the Thanksgiving federal holiday. In its order, the court explained that November 25 will be considered a “legal holiday” under the applicable rules governing deadlines. Here is the full text of the court’s notice.

This morning the Federal Circuit released a nonprecedential opinion in a case appealed from the Court of Federal Claims. Also, late yesterday the Federal Circuit released a nonprecedential order dismissing an appeal. Here is the introduction to the opinion 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:

• a blog post about a “pro-patentee eligibility decision [that] offers some ideas for patentees seeking to help ensure that their patents survive eligibility challenges”;
• an article about the Federal Circuit affirming a Judge Albright rejection of a request to transfer patent infringement suit; and
• another article anticipating the potential impact of the Patent Eligibility Restoration Act of 2022.

Late Friday and this morning, the Federal Circuit released two nonprecedential orders dismissing appeals. Here are links to the dismissals.

This week is Court Week at the Federal Circuit, with hearings starting today. 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 nine panels to consider 45 cases. Of these 45 cases, the court will hear oral arguments in 27. Of these argued cases, one case—an en banc case—attracted any amicus briefs. Here’s what you need to know about this case.

This morning Chief Judge Moore announced the appointment of four new members to the Federal Circuit’s Advisory Council. Appointees include Eldora Ellison, Michelle Klancnik, Roman Martinez, and Sonal Mehta. The three-year term appointments are effective beginning tomorrow. Here is the full text from the announcement.

This morning the Federal Circuit released a precedential order denying a writ of mandamus to dismiss or transfer an appeal from the Western District of Texas to the Northern District of California. Notably, Judge Lourie dissented. Late yesterday and this morning, the Federal Circuit also released two nonprecedential orders dismissing appeals. Here is the text from the order and links to the dismissals.