FedCircuitBlog

Late yesterday and this morning the Federal Circuit released four nonprecedential orders. Three grant unopposed motions to voluntarily dismiss appeals; one grants an unopposed motion to voluntarily dismiss an appeal and lifts an order staying proceedings of another appeal. Here is text from the orders.

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

• an article addressing some of “the biggest patent decisions so far this year”;
• another article discussing how the Federal Circuit found that an “[a]ttorney improperly represented clients while [he was a] Navy employee”; and
• a blog post noting how “[i]n a new opinion the [Federal Circuit] asked and answered an interesting question: What if most on-point prior art was accidentally created due to a typographical error?” 

This morning the Federal Circuit released a precedential opinion in a patent case appealed from the Patent Trial and Appeal Board. Notably, Judge Newman dissented in part. The Federal Circuit also released a nonprecedential opinion in a case appealed from the Merit Systems Protection Board and an erratum. Here are the introductions to the opinions and a link to the erratum.

This morning the Federal Circuit released three nonprecedential opinions. The first comes in a tax case appealed from the Court of Federal Claims; the second comes in a patent case appealed from the Eastern District of Virginia; and the third comes in a case appealed from the Merit Systems Protection Board. The Federal Circuit also released a Rule 36 judgment. Here are the introductions to the opinions and link to the Rule 36 judgment.

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 how “opinions in regular [Federal Circuit] appeals are more than twice as likely to be precedential than orders” on petitions for mandamus related to venue;
• an article discussing how “the Federal Circuit over the past decade has adopted more stringent standards for meeting the [Patent Act’s] dictates that patents provide a clear written description, and enable others to understand the invention”; and
• another article discussing how, after the Supreme Court’s recent denial of certiorari in American Axle & Manufacturing, Inc. v. Neapco Holdings LLC, “[p]atent eligibility in America is a train wreck.”

Last month, the Federal Circuit issued its opinion in Milton v. United States, a takings case we have been following because it attracted an amicus brief. In this case, the plaintiffs-appellants asked the court to reverse a Court of Federal Claims decision granting summary judgement in favor of the United States. Numerous parties asserted takings claims against the government based on properties being flooded by the U.S. Army Corps of Engineers when the Addicks and Barker Reservoirs released water during Hurricane Harvey. In a unanimous opinion authored by Judge Cunningham and joined by Judges Lourie and Chen, the Federal Circuit reversed the decision of the Court of Federal Claims and remanded the case for further proceedings. This is our opinion summary.

This morning the Federal Circuit released three nonprecedential opinions. The first comes in a case appealed from the Merit Systems Protection Board; the second in a veterans case appealed from the Court of Appeals for Veterans Claims; and the third in a patent case appealed from the District of Delaware. The Federal Circuit also released three Rule 36 judgments. Here are the introductions to the opinions and links to the Rule 36 judgments.

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, one new petition was filed in a patent case; a waiver of right to respond was filed in a case raising questions about procedure; a brief in opposition was submitted in another patent case; and the Court denied certiorari in two patent cases.

This morning the Federal Circuit released a precedential opinion in a trade case, affirming the Court of International Trade’s decision to sustain a Department of Commerce antidumping order. The Federal Circuit also released a nonprecedential opinion in a veterans case and a nonprecedential order granting an unopposed motion to dismiss an appeal. Here are the introductions to the opinions 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:

• an article highlighting how, according to recent statistics, “[p]atent owners face a tougher road on appeal than accused defendants and patent challengers”;
• another article addressing how “Coca-Cola Co. saw its trademark tribunal win tossed by a Federal Circuit panel”; and
• a blog post discussing “[l]essons from [the] rejection of Apple’s cert petition against Qualcomm” in Apple Inc. v. Qualcomm Inc.