FedCircuitBlog

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. With respect to petitions, one new petition was filed in a pro se case, and two new replies were filed in patent cases raising questions related to notice-and-comment rulemaking and patent eligibility. Here are the details.

Here is an update on activity in cases pending before panels of the Federal Circuit where the case involves at least one amicus brief. We keep track of these cases in the “Other Cases” section of our blog. Today with respect to these cases we highlight four recent opinions, four new cases, new briefing in three cases, and a recent oral argument. Here are the details.

Late yesterday, the Federal Circuit released a nonprecedential order voluntarily dismissing an appeal. This morning, the Federal Circuit released one precedential opinion, one nonprecedential opinion, one nonprecedential order, and one Rule 36 judgment. The precedential opinion affirms a district court’s judgment with respect to validity and infringement in a patent case; the nonprecedential opinion affirms a final written decision of the Patent Trial and Appeal Board invalidating all claims of a patent; and today’s order also dismisses an appeal. Here are the introductions to the opinions and links to the dismissals and Rule 36 judgment.

Today the Federal Circuit issued a Notice of Proposed Amendments to the Federal Circuit Rules of Practice. The notice proposes to amend various Federal Circuit Rules of Practice, various Practice Notes, and certain aspects of the Federal Circuit Attorney Discipline Rules. Notably, the court proposes adding a practice note highlighting how it “prefers that reply briefs respond to the response brief rather than repeating what is in the principal brief” and “favors reply briefs that do not use the full word length when not necessary.” It also proposes adding a new requirement regarding the table of contents for appendices, requiring the table of contents to identify how the relevant document was designated in the reviewing tribunal (such as the docket or other record number). The court has made a redline available to study the proposed changes. Here is the full text of today’s announcement.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Since our last update, the court denied a petition raising issues related to patent eligibility. Here are the details.

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

• an article discussing a request for rehearing of a Federal Circuit decision finding “that Patent Trial and Appeal Board decisions can render patent claims invalid in later U.S. Patent and Trademark Office (USPTO) proceedings”; and
• an article reporting on the Federal Circuit’s opinion affirming “most aspects of an obviousness ruling issued by the Patent Trial and Appeal Board (PTAB) that invalidated radio communications patent claims owned by Philips.”

This morning the Federal Circuit released one precedential opinion and one nonprecedential opinion. The precedential opinion affirms a summary judgment of invalidity in a patent infringement suit. The nonprecedential opinion affirms the Trademark Trial and Appeal Board’s dismissal of an opposition. Here are the introductions to the opinions.

The Federal Circuit did not release any opinions or orders on its website given the Labor Day holiday. Late in the day on Friday, however, the Federal Circuit released a nonprecedential order dismissing a case as moot. Here is a link to the dismissal.

This week is Court Week at the Federal Circuit. The court will convene 10 panels to consider 54 cases. Of the 54 cases, the court will hear oral arguments in 37 cases. The Federal Circuit is providing access to live audio of these arguments via the Federal Circuit’s YouTube channel. This month, none of the cases scheduled for oral argument attracted an amicus brief. Here are the scheduled cases.

This morning the Federal Circuit released ten nonprecedential orders. Nine of the orders were dismissals while the remaining order vacates a judgment and remands a case to the Court of Federal Claims in light of the Supreme Court’s decision in Loper Bright Enterprises v. Raimondo. Here is the introduction to this last order and links to the dismissals.