FedCircuitBlog

Next week, in an en banc session of the court, the Federal Circuit will hear arguments in Arellano v. Wilkie. In this veterans case, the court will consider the availability of equitable tolling in the context of disability benefits based on applications filed within one year from the date of the veteran’s discharge or release. In particular, the court will consider three related questions: (1) whether a presumption in favor of equitable tolling applies to 38 U.S.C. § 5110(b)(1), which relates to disability benefits; (2) if a presumption did apply, whether it would be rebutted by evidence that Congress did not intend an implicit exception for equitable tolling to be read into 38 U.S.C. § 5110; and (3) if the court were to hold that a presumption applies to section 5110(b)(1), whether that holding would result in the application of the same presumption to other provisions of 38 U.S.C. § 5110. This is our argument preview.

This morning, the Federal Circuit issued a nonprecedential opinion in a veterans case where the court concluded it lacked jurisdiction. Here is the introduction to the opinion.

• PTAB Axes 2 Uniloc Patents, Trims Another In Tech Giant Row – The Patent Trial and Appeal Board handed down three decisions invalidating Uniloc patents under the theory that the patent claims were obvious.
• U.S. Supreme Court rebuffs Merck appeal in hepatitis C patent fight with Gilead – The Supreme Court declined to revive a $2.54 billion jury verdict for Merck after the Federal Circuit found that Merck’s patent claims concerning a family of compounds used to treat hepatitis C were overly broad.
• Fed. Circ. Won’t Undo PTAB Rulings On Motorola Patents – On Tuesday, in a trio of unanimous opinions, the Federal Circuit affirmed the Patent Trial and Appeal Board’s decisions that upheld Motorola patents.

This morning, the Federal Circuit issued three nonprecedential opinions: two in patent cases and one in an appeal from the Merit Systems Protection Board. Additionally, the court issued an order transferring a petition for a writ of mandamus to the Eleventh Circuit. Finally, the court issued one Rule 36 judgment. Here are the introductions of the opinions, text from the order, and a link to the Rule 36 judgment.

This morning the Federal Circuit announced that the Clerk’s Office will be inaccessible today for purposes of receiving paper filings, mail and courier deliveries, and night box submissions. The court noted that nonelectronic filings and submissions due today will be deemed as timely filed if received tomorrow. Here is the text of today’s announcement.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit.

• Four new waivers of right to respond were filed with the Court.
• The Court denied the petitions for writ of certiorari in three cases.

Here are the details.

The Federal Circuit did not publish any opinions or orders this morning on its website. As previously announced, the court is closed today in observance of Inauguration Day.

• Federal Circuit Patent Decisions In 2020: An Empirical Review – Dan Bagatell issues his fourth review of the Federal Circuit’s patent decisions of the past year.
• Boom! You Can’t Patent an Escrow Method – The Federal Circuit recently affirmed the dismissal of Boom! Payments’ claim due to a lack of patent eligibility.
• Nintendo’s Win in Wii Controller Patent Case Affirmed – Nintendo’s avoidance of a $10 million infringement award stands after the Federal Circuit affirmed the lower court’s decision in iLife Technologies, Inc. v. Nintendo of America, Inc..

Here’s the latest.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include a new petition raising a question related to sovereign immunity and inter partes review; new invitations to respond to petitions raising questions related to inter partes review as well as the use of Rule 36 judgments in cases appealed from the U.S. Patent and Trademark Office; and the denial of a petition raising questions related to eligible subject matter. Here are the details.

This morning the Federal Circuit issued one precedential opinion in a case involving an appeal from the Merit Systems Protection Board. Additionally, the Federal Circuit issued four nonprecedential opinions in patent cases, with three of these cases involving the same parties. Here are the introductions to the opinions.