FedCircuitBlog

Here is an update on recent en banc activity at the Federal Circuit. Since our last update, the en banc court heard oral argument in Lesko v. United States, an employment law case. Additionally, four new en banc petitions have been filed in patent cases raising questions related to the presumption of validity, eligibility, and claim construction. A new response was filed in a case concerning the appropriate test for design-patent infringement. Finally, the court denied petitions for en banc rehearing in two patent cases. Here are the details.

This morning, the Federal Circuit released a nonprecedential opinion and two nonprecedential orders. The opinion comes in a patent case appealed from the Central District of California and addresses claim construction and prosecution history estoppel. One of the orders transfers an appeal, while the other dismisses an appeal. Here is the introduction to the opinion and links to the orders.

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today we highlight:

• an article suggesting “the tariff case the [Supreme Court] justices agreed to hear” will be “more significant” than any other “legal clashes in the next three-plus years of Donald Trump’s term in office”;
• an article discussing how “[t]he Trump administration must cross a minefield without a misstep in order to uphold its tariffs”;
• a blog post detailing how President Trump’s tariff case presents a critical test of presidential power and how “[t]he stakes in the litigation are enormous”; and
• an article discussing how President Trump’s tariff case “is not only the linchpin of the president’s economic agenda but also the trajectory of executive power . . . and now accelerating expansion.”

This morning, the Federal Circuit released three nonprecedential opinions. One comes in an appeal from the Patent Trial and Appeal Board, while the other two come in appeals from the Merit Systems Protection Board. Here are the introductions to the opinions.

Late yesterday, the Federal Circuit released a nonprecedential order dismissing an appeal. This morning the Federal Circuit released two nonprecedential opinions and five nonprecedential orders. Both opinions come in patent cases. One of the orders dismisses an appeal, while the other orders come in appeals from the Patent and Trademark Office and the Merit Systems Protection Board. Here are the introductions to the opinions and orders other than dismissals, along with links to the dismissals.

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today we highlight:

• an article reporting how “[t]he Supreme Court . . . agreed to fast-track review of the Trump administration’s sweeping tariffs, accepting a case that will test the limits of executive power and the president’s signature economic initiative”;
• an article detailing how “the Federal Circuit . . . faulted U.S. District Judge Alan Albright for denying [a] request for fees following the dismissal of a patent infringement suit”;
• a blog post explaining how “the Federal Circuit reversed a . . . rejection of computer system claims”; and
• an article reporting how “[t]he Federal Circuit revived a lawsuit [by] ruling a jury verdict was improperly tainted.”

This morning, the Federal Circuit released two nonprecedential opinions, eleven nonprecedential orders, and a Rule 36 judgment. One of the opinions comes in a pro se case in an appeal from the Merit Systems Protection Board, while the other comes in an appeal from the Court of Appeals for Veterans Claims. Six of the orders deny petitions for writs of mandamus. Two of these denials come in patent cases. Another four orders dismiss appeals. Here are the introductions to the opinions and the orders other than the dismissals, along with links to the dismissals and Rule 36 judgment.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. The Supreme Court granted a petition to review the Federal Circuit’s en banc decision in the case challenging President Trump’s tariffs. With respect to pending petitions, since our last update new petitions were filed in a takings case and in two pro se cases; waivers of the right to respond to petitions were filed in two patent cases and three pro se cases; and an amicus brief was filed in a patent case. Here are the details.

This morning, the Federal Circuit released two nonprecedential orders. Both orders are dismissals of appeals. Here are links to the dismissals.

Yesterday the Supreme Court granted review of the Federal Circuit’s decision in Trump v. V.O.S. Selections, Inc. that the International Emergency Economic Powers Act did not authorize President Trump’s recent tariffs. Here are the details.