This week we are previewing three cases on the Federal Circuit’s oral argument schedule next week that attracted amicus briefs. Today we highlight a tax case, National Association of Manufacturers v. Department of the Treasury. In this case, the Department of the Treasury appeals a decision by the U.S. Court of International Trade holding that regulations promulgated by the Treasury to curtail “double drawback” (two tax refunds for the same exported merchandise) are invalid. This is our argument preview.
Opinions & Orders – February 19, 2021
This morning, the Federal Circuit issued a precedential opinion in a patent case, a nonprecedential opinion in a government contracts case, and a nonprecedential opinion in a patent case. The court also issued a nonprecedential order in a patent case denying a petition for a writ of mandamus that would have directed the Northern District of California to vacate an order denying a motion to dismiss based on the first-to-file doctrine. Here are the introductions to the opinions.
Opinions & Orders – February 18, 2021
This morning, the Federal Circuit issued a precedential opinion in a patent case reversing in part and vacating in part a decision by the Patent Trial and Appeal Board. The court also issued a nonprecedential in another patent case, this time affirming the Patent Trial and Appeal Board. Here are the introductions to the opinions.
Federal Circuit Announces It is Inaccessible Today Due to Weather
This morning the Federal Circuit announced that due to weather it is inaccessible today and that nonelectronic filings due today will be deemed timely if received tomorrow. Here is the full text of today’s announcement.
Recent Supreme Court Activity
Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit.
- The Court received three new petitions for writ of certiorari in the following cases: (1) Hyundai Heavy Industries Co. v. United States, (2) Sandoz Inc. v. Immunex Corp., and (3) Gadsden Industrial Park, LLC v. United States.
Here are the details.
Opinions & Orders – February 17, 2021
This morning, the Federal Circuit issued a precedential opinion in a veterans case. Here is the introduction to the opinion.
Recent News on the Federal Circuit
- Federal Circuit Affirms Government’s E-Passport Patent Win – The United States’s e-passport technology was found to have not infringed Iris Corporation Berhad’s patent in a ruling issued by the Federal Circuit
- Federal Circuit Judge ‘Baffled’ By Mylan Position In PTAB Appeal – Judge Moore expressed her confusion at the prospect of Mylan’s attorney not requesting mandamus relief during oral arguments on Friday.
- Federal Circuit Affirms District Court Finding that Fax/Scanner Patent Claims Are Indefinite – In Infinity Computer Products, Inc. v. Oki Data Americas, Inc., the Federal Circuit affirmed the lower court’s finding of indefiniteness for Infinity’s fax/scanner patent.
Here’s the latest.
Opinions & Orders – February 16, 2021
This morning, the Federal Circuit issued one nonprecedential opinion in a patent case and one nonprecedential opinion in an international trade case. Here are the introductions to the opinions.
Recent En Banc Activity
Here is an update on recent en banc activity at the Federal Circuit. It has been a quiet week. Highlights include a second caption change in a veterans case pending before the en banc court, a grant of panel rehearing in a patent case raising a question concerning inducement of infringement in the context of Hatch-Waxman, and a denial of a petition in a patent case raising questions related to enablement and claim construction. Here are the details.
Opinions & Orders – February 15, 2021
Happy Presidents Day! The Federal Circuit did not publish any opinions or orders this morning given the federal holiday.