FedCircuitBlog

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, since our last update the Court has not granted certiorari in any cases decided by the Federal Circuit. Three new petitions, however, have been filed with the Supreme Court: two in patent cases and one in a pro se case. Moreover, nine amicus briefs across three cases have been filed. Additionally, four waivers of right to respond, two briefs in opposition, and three replies have been filed. Here are the details.

This morning the Federal Circuit released a precedential opinion in a government contract case. Notably, Judge Newman dissented, but without an opinion. Here is the introduction to the majority’s opinion.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court recently denied two petitions. One raised questions related to the notice required to collect damages for infringement. The other raised a question related to the appropriate timing of a notice of an interlocutory appeal. Here are the details.

This morning the Federal Circuit released three nonprecedential opinions and one nonprecedential order, all in patent disputes involving Sanofi-Aventis and Mylan entities originating in either federal district court or the Patent Trial and Appeal Board. Here are the introductions to the opinions and orders.

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

• an article discussing “[t]he US’s biggest patent stories of 2021”;
• another article detailing “the top patent eligibility stories of 2021”; and
• yet another article explaining how “[c]ourts [are] taking extra measures to limit virus spread.”

This morning the Federal Circuit issued two precedential opinions in patent cases appealed from the Patent Trial and Appeal Board. The first opinion vacates a board decision for failure to tie its construction of a claim term to the patent’s specification. The second opinion affirms in part and vacates in part board determinations of unpatentability. The court also released two nonprecedential opinions. The first comes in a patent case appealed from the Eastern District of Missouri. The second comes in veterans case appealed from the Court of Appeals for Veterans Claims. Here are the introductions to the opinions.

This morning the Federal Circuit released a “Notice of Change to January 2022 Session.” In it, the court announced it will conduct all arguments in January by telephone as a result of “public health conditions impacting the National Capital Region.” Here is the text of today’s announcement.

This morning the Federal Circuit issued two nonprecedential opinions. The first comes in a patent case appealed from the Patent Trial and Appeal Board and addresses novelty and obviousness. The second comes in a benefits case appealed from the Merit Systems Protection Board. Additionally, the court issued a nonprecedential order denying a petition for a writ of mandamus seeking to direct the Western District of Texas to dismiss a patent case for improper venue. Here are the introductions to the opinions and order.

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

• an article explaining the new COVID-19 protocols adopted by the court;
• a blog post assessing how “[t]he issue of standing can be outcome-determinative”;
• another blog post noting how SMU Dedman School of Law’s “Tsai Center for Law, Science, and Innovation has posted to its YouTube channel some of the panels from its Fall 2021 Symposium on patent law”; and
• another article discussing “how important it is to review patent applications during research and development to ensure they cover what ends up being the key invention.”

The Federal Circuit did not release any opinions or orders today in light of the federal holiday. Merry Christmas!