FedCircuitBlog

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

• an announcement reporting on the creation of a new “IP-Focused American Inn of Court named after Judge Kara F. Stoll”;
• an article describing a recent event where “[j]udges from the U.S. Court of Appeals for the Federal Circuit shared insights into how they decide cases and gave career advice to students after a special session of live oral arguments at UC Law San Francisco”; and
• an article suggesting that the USPTO’s current Patent Term Adjustment rules are “subject to shifting judicial precedent and their strict application creates ‘traps’ which can subvert congressional intent.”

This morning, the Federal Circuit released three precedential opinions, one nonprecedential opinion, and one nonprecedential order. Two of the precedential opinions come in patent cases. Notably, in one of these two cases Judge Reyna concurred in part and dissented in part. The third precedential opinion affirms the dismissal of an appeal by the Merit Systems Protection Board for lack of jurisdiction. The nonprecedential opinion comes in an employment case, and the nonprecedential order is a dismissal. Here are the introductions to the opinions and a link to the dismissal.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, the Supreme Court heard oral arguments last week in Bufkin v. McDonough. With respect to petitions, three new petitions were filed in two patent cases and a veterans case, two new briefs in opposition were filed in patent cases, and one new amicus brief was filed in a veterans case. In addition, the Court denied the petitions in a patent case and a pro se case. Here are the details.

Last week, the Supreme Court heard oral argument in Bufkin v. McDonough, a veterans case. In it, the Supreme Court is considering whether the Court of Appeals for Veterans Claims must “ensure that the benefit-of-the-doubt rule was properly applied during the claims process in order to satisfy 38 U.S.C. § 7261(b)(1),” which directs that court to “take due account” of the application of that rule. This is our argument recap.

This morning, the Federal Circuit released one precedential opinion, one nonprecedential opinion, and five nonprecedential orders. The precedential opinion comes in an international trade dispute. The nonprecedential opinion comes in a veterans case. One of the nonprecedential orders grants a motion for summary affirmance, while two of the orders transfer cases. The remaining two orders are dismissals. Here are the introductions to the opinions and orders, plus links to the dismissals.

Yesterday the Federal Circuit announced that the American Inn of Court focused on intellectual property law in Charlotte, North Carolina held a naming ceremony honoring Judge Stoll at its first inaugural meeting on Thursday, September 26. The announcement noted that Chief Judge Moore, Judge Prost, and Judge Cunningham attended the ceremony. Here is the full text of yesterday’s announcement.

Here is an update on recent en banc activity in patent cases at the Federal Circuit. Highlights include two new amicus briefs supporting a petition raising questions regarding the written description requirement and obvious-type double patenting. The court also denied a petition for en banc rehearing raising questions about inducement of infringement and skinny-labeling. Here are the details.

This morning, the Federal Circuit released three nonprecedential orders. The orders are all dismissals, which we link here.

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

• an article discussing how the “Supreme Court weighed oral arguments” last week “in a case over how a century-old law is applied to decide Department of Veterans Affairs benefits when there is an equal balance of evidence to support or deny a disability claim”;
• an article that provides “an overview of the current state” of obviousness-type double patenting in light of recent Federal Circuit decisions;
• an article reporting how “[t]he deadline for comments on the U.S. Patent and Trademark Office’s (USPTO) updated subject matter eligibility guidance” has passed and how the majority of submissions “overwhelmingly call for more detail in the guidance in order to avoid undue restrictions on patentability of critical artificial intelligence (AI) technologies”; and
• a blog post discussing a recent Federal Circuit decision that addressed the argument that “claim construction is improper at the Rule 12(b)(6) stage.”

This morning, the Federal Circuit released two nonprecedential opinions and a nonprecedential order. Both of the opinions affirm decisions of the Merit Systems Protection Board. The order is a dismissal. Here are the introductions to the opinions and a link to the dismissal.