FedCircuitBlog

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. Last week the Supreme Court completed its October 2020 term, with all cases from the term decided. As for the Court’s October 2021 term, currently the Court has not granted any petitions in cases decided by the Federal Circuit. That said, many petitions are still pending. And, you may recall, the Court previously requested the views of the Solicitor General in American Axle & Manufacturing, Inc. v. Neapco Holdings LLC, a patent case presenting questions related to eligibility. We are still waiting for the government’s brief in that case. And since our last update, one new petition was filed in a patent case, two respondents submitted waivers of right to respond in a patent case and a pro se case, and a petitioner filed a reply brief in a vaccine case. Here are the details.

This morning the Federal Circuit issued a precedential opinion in a veterans case addressing GI Bill education benefits. The court also issued a nonprecedential order in a patent infringement case granting a petition for a writ of mandamus ordering the Western District of Texas to transfer the case to the Northern District of California. Finally, the court released a Rule 36 judgment. Here are the introductions to the opinion and order and a link to the Rule 36 judgment.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received a new petition raising a question related to indefiniteness. Additionally, the court received a response to a petition concerning the treatment of expert opinions. Lastly, the court denied three petitions raising questions related to the termination of inter partes review proceedings, jurisdiction, and enablement. Here are the details.

This morning the Federal Circuit issued a nonprecedential opinion in a patent case, a nonprecedential opinion in a veterans case, and another nonprecedential opinion affirming a decision by the United States Court of Federal Claims about subject-matter jurisdiction. Here are the introductions to the opinions.

This month we highlight four recent papers related to the Federal Circuit. The first two discuss the interplay between Article III courts and executive agency regulations and decision making, particularly the application of the public rights doctrine and deference within the U.S. Patent and Trademark Office. The third paper discusses the Federal Circuit’s approach to trademark registration. And the fourth discusses the mandate rule—specifically, how differences in the interpretation of the rule stem from a misunderstanding of the rule’s statutory origin. Here are more details on these papers.

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

District Court Thwarts $100 Million Damages Award, Finding Litigation Conduct Exceptional – On IPWatchDog, Gene Quinn writes about a long, drawn-out patent infringement battle that “saw action in front of a jury, at the district court, at the PTAB, at the Federal Circuit, and even . . . the Supreme Court.”

Oracle Files Yet Another JEDI Challenge with the U.S. Supreme Court – Sebastian Moss on DataCenterDynamics.com reports that the “US military appears trapped in an endless conflict with no clear winner.”

Performance-Based Actions: How Much Is Too Much? – In an article on FedSmith.com, Robbie Kunreuther reflects on a decision by the Federal Circuit concerning “unacceptable performance cases and how they should be addressed.”

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 three dispositions, two upcoming oral arguments, and one case with new briefing. Here are the details.

In observance of Independence Day, the Federal Circuit is closed and will not issue any opinions today. Happy 4th of July!

This week is Court Week at the Federal Circuit, with hearings starting tomorrow. For the last time since the start of the pandemic, the court will hear all its oral arguments telephonically. Again this month the Federal Circuit is providing access to live audio of each panel scheduled for argument via the Federal Circuit’s YouTube channel. In total, the court will convene nine panels to consider about 44 cases. Of these 44 cases, the court will hear oral arguments in 32. Of the argued cases, two attracted amicus briefs: one a veterans case and one a patent case. Here’s what you need to know about these two cases.