This morning, the Federal Circuit issued one precedential opinion in a patent case. Additionally, the Federal Circuit issued four nonprecedential opinions: two concerning appeals from the Merit Systems Protection Board, one in a veterans case, and one in a patent case. Here are the introductions to the opinions.
Opinions & Orders – January 4, 2021
This morning the Federal Circuit issued two nonprecedential opinions in patent cases involving the same parties, both appeals from final decisions in inter partes review proceedings. Here are the introductions to the opinions.
Court Week – What You Need to Know
This week is Court Week at the Federal Circuit. Here’s what you need to know. The court will convene 15 panels to consider about 62 cases. Of these 62 cases, the court will hear oral arguments in 26. Notably, none of these argued cases attracted amicus briefs. Finally, this month, as in the past several months, the court will hear all of its oral arguments telephonically given the coronavirus pandemic.
Opinions & Orders – December 31, 2020
This morning, the Federal Circuit issued five nonprecedential opinions in patent cases. The opinions address ineligibility, mootness, claim construction, indefiniteness, and a sua sponte grant of summary judgment of noninfringement. Here are the introductions to the opinions.
Opinions & Orders – December 30, 2020
This morning, the Federal Circuit issued a nonprecedential opinion in a patent case. Additionally, we are including in today’s post a recent precedential opinion in a patent case. The court had published the opinion on its website on December 23, but then removed the opinion from its website on the same day. The court re-published the opinion on December 28. Here are the introductions to the nonprecedential and precedential opinions.
Recent En Banc Activity
Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include new petitions in two cases raising questions related to the presumption of validity, motions for attorneys fees, and the propriety of Rule 36 judgments in cases appealed from the U.S. Patent and Trademark Office; a new response to a petition raising a question related to patent eligibility; a new amicus brief in a case raising questions related to venue and Hatch-Waxman; and the denial of a petition in a pro se case. Here are the details.
Recent News on the Federal Circuit
- Trademark Modernization Act Becomes Law: Establishes New Procedures to Remove Deadwood Registrations, Restores Presumption of Irreparable Harm, and Protects the Independence of the Trademark Trial and Appeal Board – The Trademark Modernization Act was signed into law on Sunday as part of a COVID-19 relief and government spending bill entitled the “Consolidated Appropriations Act, 2021.”
- One vet’s GI Bill fight could win benefits for millions of other students – A final decision from the Federal Circuit is expected soon, which may have an impact on students looking to enroll in college courses in the fall of 2021.
Here’s the latest.
Opinions & Orders – December 29, 2020
This morning the Federal Circuit issued one precedential opinion in a patent case addressing ineligibility and a motion for leave to file an amended complaint and one nonprecedential opinion in a takings case appealed from the Court of Federal Claims. Here are the introductions to the opinions.
Opinions & Orders – December 28, 2020
This morning, the Federal Circuit issued a nonprecedential opinion in a vaccine case and a nonprecedential opinion in a patent case. Here are the introductions to the opinions.
Opinion Summary – Boeing Co. v. Secretary of the Air Force
Last week, the Federal Circuit decided Boeing Co. v. Secretary of the Air Force, a government contract case we have been following because it attracted an amicus brief. Judge Lourie authored a unanimous panel opinion reversing a denial of summary judgment by the Armed Services Board of Contract Appeals, vacating the Board’s entry of final judgment, and remanding. In particular, the Federal Circuit agreed with Boeing’s interpretation of a clause of the Defense Federal Acquisition Regulation Supplement as permitting marking of technical data provided to the government in a way that protects rights against use by third parties. This is our opinion summary.