FedCircuitBlog

Fed. Circ. Won’t Make Albright Rebuke Precedential – Adam Lidgett on Law360 reported on how the Federal Circuit stated it will not “reissue as precedential a March decision rebuking Judge Alan Albright for repeatedly failing to rule on transfer motions in a timely manner.”

After Hyatt v. Hirshfeld, it Might Be Time to Pay Attention to Prosecution Laches – Kate Gaudry recently posted on IPWatchDog.com about the repercussions of Hyatt v. Hirshfeld and prosecution laches for attorneys.

Amazon, Macy’s, Dell, Others Free From Patent Infringement Suit – Perry Cooper, a legal reporter for BloombergLaw.com, reported on the aftermath of a recent decision made by the Federal Circuit in SpeedTrack, Inc. v. Amazon.com.

Here is the latest.

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

This week is Court Week at the Federal Circuit. Here’s what you need to know. The court will convene 13 panels to consider about 53 cases. Of these 53 cases, the court will hear oral arguments in 42. Notably, none of these argued cases attracted amicus briefs. Finally, this month, as in the past several months, the court will hear oral arguments telephonically given the coronavirus pandemic, and the court is providing access to live audio of each panel scheduled for argument via the court’s YouTube channel. Here is the most recent list of cases being argued this week.

Agency May Deny Patents if Inventors Delay Process, Court Says – Perry Cooper submitted an article on BloombergLaw.com about repercussions of a recent Federal Circuit case addressing prosecution laches, Hyatt v. Hirshfeld. 

How to Get “Boxed-In” and Blow a Judgment You Received: Sleeping in the Bed You Made – Five authors, Amanda Murphy, Brooke Winer, Melissa Santos, Grodan Wright, and Thomas Irving, wrote an article posted on NationalLawReview.com reporting on the holding from a recent Federal Circuit patent case, Cap Export, LLC v. Zinus, Inc., where the Federal Circuit affirmed a district court’s decision to set aside a judgment based on “affirmative misrepresentations” related to alleged prior art.

Recent Case Action Restores Confidence in Federal Whistleblowers – Mathew B. Tully reported on FedSmith.com that a recent decision by the Federal Circuit, Tao v. Merit Systems Protection Board, “has favorable implications for federal employee whistleblowers.”

Here is the latest.

This morning, in a case appealed from the Merit Systems Protection Board, the Federal Circuit issued a precedential order denying both a petition for panel rehearing and a petition for rehearing en banc. Judges Newman and O’Malley wrote opinions dissenting from the denial of the petition for rehearing en banc. Here is text from the order and the introductions to both dissenting opinions.

Here is an update on activity in cases pending before panels of the Federal Circuit where the cases involve 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 three recent dispositions in two patent cases and a case appealed from the Merit Systems Protection Board, a copyright case attracting two amicus briefs, new briefing (including a second amicus brief) in a patent case, and two recent oral arguments in a patent and a veterans case. Here are the details.

This morning the Federal Circuit issued two precedential opinions: one affirming a district court in a patent case and one affirming the Court of Appeals for Veterans Claims in a veterans case. Here are the introductions to the opinions.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. As for granted cases, we are still waiting for the Court to issue opinions in the two pending patent cases. As for petitions, one new petition was filed in a patent case raising an Appointments Clause challenge; one respondent filed a brief in opposition to a petition raising questions related to an inmate’s right to assert patent infringement; the government submitted a waiver of its right to respond to a petition in a pro se case; and the Court requested a response to a petition raising questions related to preclusion. Additionally, four petitioners filed reply briefs in cases presenting questions related to the Federal Circuit’s jurisdiction, the Appointments Clause, and retroactivity in agency adjudication.

Here are the details.

This morning the Federal Circuit issued one precedential opinion affirming a decision in a trade case appealed from the United States Court of International Trade. Here is the introduction to the opinion.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. It was a busy week at the Federal Circuit. The court received two new petitions in cases addressing issues of enablement, eligibility, and personal jurisdiction. Additionally, the court invited responses in three cases addressing termination of inter partes review proceedings, evaluation of expert opinions on summary judgment, and competitor standing. The court also received a response to a petition raising a question related to enablement. Lastly, the court issued two new denials, one in a case concerning 35 U.S.C. § 112(f) and another in a pro se case. Here are the details.