FedCircuitBlog

Here is this month’s 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 an opinion in a tax case addressing subject matter jurisdiction and “duly filed” requirements, a new patent case about prosecution laches that attracted an amicus brief, and an upcoming oral argument in a case appealed from the Patent Trial and Appeal Board. Here are the details.

This morning the Federal Circuit issued a precedential opinion in a patent case appealed from the International Trade Commission. The Federal Circuit vacated a judgment based on a claim construction adopted by the International Trade Commission and remanded the case. The court also issued a Rule 36 judgment. Here is the introduction to the opinion and a 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 detailing noting “its 15th annual list of top patent stories [for 2021]”;
• another blog post assessing how a recent Federal Circuit decision “was an easy mandamus transfer”; and
• yet another blog post discussing how “Professor Jessica Litman has a fascinating forthcoming book chapter on the history of the Lanham Act and the influence of Edward S. Rogers.”

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to the Supreme Court’s October 2021 term, the Court granted certiorari in a veterans case. The Court also requested the Solicitor General to file a brief expressing the views of the United States in a patent case. No new petitions were filed, but one amicus brief was submitted in support of a petition in a patent case and a waiver of right to respond was filed in a pro se case. Additionally, the Court denied four petitions: two in patent cases and two in pro se cases. Here are the details.

This morning the Federal Circuit issued three precedential opinions. The first comes in a veterans case appealed from the Court of Appeals for Veterans Claims; the second comes in a takings case appealed from the Court of Federal Claims; and the third comes in a military discharge case appealed from the Court of Federal Claims. The Court also issued five nonprecedential opinions in various cases appealed from the Court of Federal Claims, the Merit Systems Protection Board, and the Court of Appeals for Veterans Claims. Here are the introductions to the opinions.

On January 5 the Federal Circuit issued its opinion in Brown v. United States, a case we have been following because it attracted an amicus brief. The case was argued before Judges Lourie, Dyk, and Stoll. The Browns appealed a dismissal by the United States Court of Federal Claims of a tax refund suit for lack of subject matter jurisdiction. Judge Lourie authored the opinion in the case, affirming the dismissal. This is our opinion summary.

This morning the Federal Circuit issued a precedential opinion in a whistleblower retaliation case appealed from the Merit Systems Protection Board. The court also issued three nonprecedential opinions. The first comes in a veterans case appealed from the Court of Appeals for Veterans Claims. The second comes in an employment case appealed from the Merit Systems Protection Board. And the third comes in a patent case appealed from the Patent Trial and Appeal Board. Notably, Judge Stoll dissented-in-part from the holding in the patent case. The court also issued a nonprecedential order granting a petition for a writ of mandamus, ordering the Eastern District of Texas to require transfer of a patent case. Finally, the court issued two Rule 36 judgments. Here are the introductions to the opinions and order and links to the Rule 36 judgments.

Yesterday the Federal Circuit released a “Notice of Revised Building Access Restrictions and Protocols for In-Person Argument.” In addition to previous protocols released on October 25, 2021, the court has added a new building-wide mask requirement and various other restrictions for the National Courts Building. The court also issued revised protocols for in-person argument that includes mask mandates, attendance limitations, and health certifications that will apply once in-person argument resumes. Here is the text of the announcement.

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

• a blog post detailing the “top 10 patent cases: 1891 to 1951”;
• an article discussing how “[t]he Senate Judiciary Committee advanced Judge Leonard Stark’s nomination to the Federal Circuit”;
• another article explaining how “[t]wo of President Biden’s key nominations related to intellectual property law moved closer to confirmation on Thursday”; and
• yet another article assessing how the Federal Circuit recently explained that “a California district court erred in its claim construction.”

This morning the Federal Circuit issued three nonprecedential opinions. The first opinion comes in a patent case appealed from the Patent Trial Appeal Board, while the second and third opinions come in employment cases appealed from the Merit Systems Protection Board. Finally, the court released three Rule 36 judgments and one erratum. Here are the introductions to the opinions and links to the Rule 36 judgments and erratum.